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