Trade mark decision
- BL Number
- O/117/03
- Decision date
- 25 April 2003
- Hearing Officer
- Mr J MacGillivray
- Mark
- STALINSKAYA
- Classes
- 33
- Applicants
- S C Prodal 94 SRL
- Opponents
- Spirits International NV
- Opposition
- Sections 3(3)(b) & 5(2)(b)
Result
Section 3(3)(b) - No formal finding.
Section 5(2)(b)- Opposition successful.
Points Of Interest
- Comparison of the marks STOLICHNAYA & device v STALINSKAYA & device.
Summary
The mark applied for was in the form of a vodka label. The opposition as filed was based on a number of vodka labels, STOLICHNAYA and MOSKOVSKAYA. In the event, the opponents relied solely on the STOLICHNAYA registrations.
The respective goods being identical the Hearing Officer turned to a comparison of the marks. In the result he concluded that there was a likelihood of confusion, and the opposition under Section 5(2)(b) succeeded accordingly. He made no finding under Section 3(3)(b)
Full decision O/117/03 726Kb