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Trade mark decision

BL Number
O/100/04
Decision date
14 April 2004
Hearing officer
Mr J MacGillivray
Mark
EL CADEJO
Classes
33
Applicant
Myliko International Wines Limited
Opponent
Baron Philippe De Rothschild SA
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): - Opposition failed

Section 5(4)(a): - Opposition failed

Points Of Interest

  • 1. Expert Witnesses.
  • 2. Comparison of the marks MOUTON CADET v EL CADEJO & CADET v EL CADEJO.

Summary

The opposition was based on the opponent’s use and registrations of their marks MOUTON CADET and CADET, registered in Class 33.

Taking first the objection under Section 5(2)(b), the Hearing Officer found that identical goods were involved. However, on a global appreciation he found the marks to be visually, aurally and conceptually different such that, in the result, there was no likelihood of confusion. The Section 5(2)(b) objection failed accordingly.

This effectively decided the matter under Section 5(4)(a) also.

Full decision O/100/04 PDF document46Kb