Trade mark decision

BL Number
Decision date
8 January 2001
Hearing Officer
Mr G Salthouse
Convinca, SDAD, COOP
Miguel Torres SA
Sections 5(2)(b) & 5(4)(a)


Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. The opponents appealed this decision to the Appointed Person. In her decision dated 14 January 2002 (BL O/045/02) the Appointed Person upheld the Hearing Officer’s decision.


The opponents opposition was based primarily, on their ownership and use of their TORRES trade mark. They also had a number of other TORRES marks registered such as TORRES MILMANDA, TORRES CORONAS and device, TORRES and three towers device, MIGUEL TORRES etc. Under Section 5(2)(b) it was common ground that the goods at issue were identical and that the Hearing Officer should compare the mark applied for with TORRES, bearing in mind the use of that mark, and TORRES MILANDA. The Hearing Officer noted that the respective marks had the first five letters in common but decided that they were not visually, aurally or conceptually similar and thus confusion of the public was unlikely.

Under Section 5(4)(a) - Passing Off - the Hearing Officer accepted that the opponents had a reputation and goodwill in the UK in their TORRES mark but bearing in mind the differences in the respective marks be concluded that the public would not confuse the respective marks or assume a trade connection.

Full decision O/012/01 PDF document52Kb