Trade mark decision

BL Number
O/016/05
Decision date
13 January 2005
Hearing Officer
Mr J MacGillivray
Mark
CROSSKA
Classes
33
Applicant
DIWISA Distillerie Willisau SA
Opponent
Brasserie Fischer
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • 1. None

Summary

The specification of this application in Class 33 reads "Alcoholic beverages (except beer)".

The opponent owns a registration for the mark KRISKA in Class 32 in respect of "Beers".

Under Section 5(2)(b) the Hearing Officer compared the respective goods and concluded that "beers" are similar goods to "spirits, wines, ciders etc" because outlets for such goods are likely to be specialists such as public houses and off-licences. Also the respective goods are for a similar purpose and in competition with each other.

In comparing the respective marks CROSSKA and KRISKA the Hearing Officer noted that they are not visually similar because CROS and KRIS are easily distinguishable by the eye. However, phonetically they are very close and imperfect recollection could well play a part. Overall the Hearing Officer decided that in view of the nature of trade in these goods and the close similarity of the marks, that confusion of the public was likely. Opposition thus succeeded.

Full decision O/016/05 PDF document39Kb