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 PDF document726Kb