Trade mark decision
- BL Number
- O/105/03
- Decision date
- 15 April 2003
- Hearing Officer
- Mr G Salthouse
- Mark
- SOUTHERN CREEK
- Classes
- 33
- Applicant
- BRL Hardy Limited
- Opponent
- Metro Dienstleistungs-Holding GmbH
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed.
Points Of Interest
- 1. Comparison of the marks CENTRAL CREEK v SOUTHERN CREEK
Summary
The opposition was based on the opponents’ registration of their mark CENTRAL CREEK, also in Class 33. The applicants contended that there were a large number of wine labels using the word CREEK. The opponents contended that there were none where geographical indicators (CENTRAL/SOUTHERN) were used in conjunction with the word CREEK.
Having taken all the relevant factors into account, according to the established tests, the Hearing Officer found no likelihood of confusion.
Full decision O/105/03 19Kb