BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SARANTOS (Trade Mark: Opposition) [2000] UKIntelP o32000 (24 August 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o32000.html
Cite as: [2000] UKIntelP o32000

[New search] [Printable PDF version] [Help]


SARANTOS (Trade Mark: Opposition) [2000] UKIntelP o32000 (24 August 2000)

For the whole decision click here: o32000

Trade mark decision

BL Number
O/320/00
Decision date
24 August 2000
Hearing officer
Mr M Reynolds
Mark
SARANTOS
Classes
33
Applicants
Kingston Estate Wines Pty Ltd
Opponents
Champagne Moet & Chandon
Opposition
Section 3(6) and Section 5(2)(b)

Result

Section 3(6) - Opposition dismissed

Section 5(2)(b) - Opposition failed

Points Of Interest

Summary

The opponents filed no evidence in support of their claim under Section 3(6) and the Hearing Officer dismissed that ground.

Identical goods were at issue so the only matter to be decided by the Hearing Officer was the conflict between the mark applied for and the opponents mark SARON. The Hearing Officer noted that the whole of the opponents mark was imbedded in the applicants mark SARANTOS and that both were likely to be seen as invented words. He accepted that there might be some conceptual association but did not think there was a likelihood of confusion since wines are generally purchased with some care and customers normally have to make a selection from a range of wines on display. In respect of the opponents use of their mark the Hearing Officer noted that it was modest in extent and he did not believe that it would have made any significant impact on such a large market. Opposition failed.



BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o32000.html