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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> U.F.O (Trade Mark: Opposition) [2002] UKIntelP o36302 (3 September 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o36302.html
Cite as: [2002] UKIntelP o36302

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U.F.O (Trade Mark: Opposition) [2002] UKIntelP o36302 (3 September 2002)

For the whole decision click here: o36302

Trade mark decision

BL Number
O/363/02
Decision date
3 September 2002
Hearing officer
Mr G Rose'Meyer
Mark
U.F.O
Classes
33, 42
Applicants
Brasserie Fischer SA
Opponents
The Silver Spring Mineral Water Company Limited
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition partially successful.

Points Of Interest

Summary

The opponents were proprietors of a registration of UFO in Class 32. The Hearing Officer had no doubt that these marks were similar, and went on to compare the goods/services. Whilst he was aware from his own knowledge and through Registry practice that some alcoholic drinks have their non-alcoholic equivalents, he did not believe that this was true of drinks such as the “bitter aperitifs, liqueurs, brandy and spirits” which were included in the applicants’ specification. The opposition succeeded in Class 33 in respect of the remainder of the specification. The opposition in Class 42 failed entirely.

The application was permitted to proceed subject to a reduction in the Class 33 specification.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o36302.html