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Trade mark decision

BL Number
O/325/06
Decision date
17 November 2006
Hearing officer
Mr M Foley
Mark
STOLNAYA (label & three 3 dimensional bottle)
Classes
33
Registered Proprietor
Zakrytoe Aktsionernoe Obschestvo “Gruppa Predpriyastii OST”
Applicants for a declaration invalidity
Spirits International NV
Application for Invalidation
Section 47 (citing Sections 5(2)(b), 5(3) & 5(4)(a)

Result

Application for invalidation Section 47(2) (citing Section 5(2)(b)) successful. (No formal findings under Sections 5(3) & 5(4)(a).

Points Of Interest

  • Comparison of the marks STOLICHNAYA v STOLHAYA

Summary

The application was based on the UK registration of the mark STOLICHNAYA in Class 33.

The respective goods were identical/similar.

Having compared the marks and on an ‘overall assessment’ the Hearing Officer found a likelihood of confusion and the application under Section 5(2)(b) succeeded accordingly.

The Hearing Officer did not go on to make formal findings under Sections 5(3) and 5(4)(a) but remarked that the likely outcome would also have been in favour of the applicants.

Full decision O/325/06 PDF document87Kb