Trade mark decision
- BL Number
- O/100/04
- Decision date
- 14 April 2004
- Hearing Officer
- Mr J MacGillivray
- Mark
- EL CADEJO
- Classes
- 33
- Applicant
- Myliko International Wines Limited
- Opponent
- Baron Philippe De Rothschild SA
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed
Section 5(4)(a): - Opposition failed
Points Of Interest
- 1. Expert Witnesses.
- 2. Comparison of the marks MOUTON CADET v EL CADEJO & CADET v EL CADEJO.
Summary
The opposition was based on the opponent’s use and registrations of their marks MOUTON CADET and CADET, registered in Class 33.
Taking first the objection under Section 5(2)(b), the Hearing Officer found that identical goods were involved. However, on a global appreciation he found the marks to be visually, aurally and conceptually different such that, in the result, there was no likelihood of confusion. The Section 5(2)(b) objection failed accordingly.
This effectively decided the matter under Section 5(4)(a) also.
Full decision O/100/04 
46Kb
