Trade mark decision

BL Number: O/051/07
Decision date: 19 February 2007
Hearing Officer: Mr M Foley
Mark: PARADISE BAY
Classes: 33
Applicants: Continental Wine & Food Limited
Opponents: Société Jas Hennessy & Co
Opposition: Section 5(2)(b)

Result

Section 5(2)(b): Opposition failed.

Points Of Interest

1. Comparison of the marks LE PARADIS v PARADISE BAY.
2. Comparison of the goods; fortified wines and brandy, similar.

Summary

The application was in respect of “fortified wines’. The opposition was based on the opponents’ registered mark LE PARADIS which they claimed to have used in respect of ‘brandy’. The evidence of use of this mark, proof of which they were put to, the Hearing Officer found to be ‘thin to say the least’. Nevertheless, having reviewed it the Hearing Officer concluded that there had been a trade in respect of cognac and that this had been genuine commercial activity.

Having compared the marks, however, the Hearing Officer found them to be not similar. The goods, fortified wines and brandy, he found to be similar. On a global assessment however he found no likelihood of confusion and the opposition failed accordingly.

Full decision O/051/07 73Kb