Trade mark decision

BL Number

O/051/02

Decision date

5 February 2002

Hearing Officer

Dr W J Trott

Mark

OTTO SANTI

Classes

33

Applicant

Castelli Del Grevepesa Cantina Sociale Soc. Coop a.r.l

Opponent

Gruppo Italiano Vini SC a.r.l

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

• None

Summary

The opposition was based on the opponents’ mark SANTI, registered in respect of wines, spirits and liqueurs in Class 33. The mark applied for had claimed honest concurrent use.

After reviewing the evidence of use filed by both sides the Hearing Officer described it as ‘modest’ and he concluded that in this case ‘absence of evidence of confusion is no evidence of absence of confusion’. After noting that the goods were identical, the Hearing Officer went on to compare the marks. In this he found that there existed a likelihood of confusion and the opposition succeeded accordingly.

Full decision O/051/02 22Kb