Trade mark decision

BL Number

O/050/03

Decision date

19 February 2003

Hearing Officer

Mr J MacGillivray

Mark

VODKA ELEMENTS

Classes

33

Applicant

Halewood International Limited

Opponent

Sandalford Wines Pty Ltd

Opposition

Sections 3(3)(b); 3(4); 3(6); 5(2)(b) & 5(4)(a)

Result

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

Sections 3(3)(b); 3(4); 3(6) & 5(4)(a) - No formal finding.

Points Of Interest

• 1. Comparison of the marks ELEMENTOS v VODKA ELEMENTS.

Summary

The objections under Section 5 were based on a registration in Class 33 of the mark ELEMENTOS and goodwill in the mark ELEMENT. The Hearing Officer dealt with the matter first under Section 5(2)(b). The goods were identical, he found. On a global appreciation he found the marks visually, aurally and conceptually similar; the customer for the goods was likely to be reasonably careful and discerning but allowance had to be made for imperfect recollection. Considering the position in its totality, he found a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly.

He made no formal findings under the other grounds of objection

Full decision O/050/03 30Kb