Trade mark decision

BL Number: O/085/00
Decision date: 7 March 2000
Hearing Officer: Mr G Salthouse
Mark: VAL D'ISERE
Classes: 25
Applicant: Val D'Isere Fashions Limited
Opponent: Triumph International Spiesshofer & Braun
Opposition: Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(3)(b); 3(4); 5(2)(b); 5(3)(a); 5(3)(b); 5(4)(a) & 5(4)(b)

Result

Section 3 - Opposition failed

Section 5(2) - Opposition successful

Points Of Interest

None

Summary

The Hearing Officer saw no reason why the mark applied for could not serve as a distinctive trade mark; the grounds under Sections 3(1)(a), 3(1)(b) and 3(1)(c) failed accordingly. The area named by the mark had no reputation for the goods concerned, hence the mark could not be objectionable under Section 3(3)(b), and there was no evidence filed on that point. Likewise, no evidence had been filed bearing on Section 3(4).

Comparison of the mark with the opponents' marks VALISERE, however, decided the matter in favour of the opponents under Section 5(2). The applicants' claim of honest concurrent use (Section 7) however, could not save the application in view of the opponents' objections.

Full decision O/085/00 33Kb