Trade mark decision

BL Number

O/215/05

Decision date

29 July 2005

Hearing Officer

Mr G Salthouse

Mark

MADARA ROCK

Classes

33

Applicant

Winez Limited

Opponent

Instituto Do Vinho Da Madeira

Opposition

Sections 5(2)(b); 5(3); 5(4)(a) & 56

Result

Section 5(2)(b): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Section 56: - Opposition failed.

Points Of Interest

• 1. Comparison of the marks, MADEIRA v MADARA ROCK.

Summary

The opponent brought the opposition on the basis of its certification mark MADEIRA in Class 33. As the goods were identical the Hearing Officer turned first to a comparison of the marks for his deliberations under Section 5(2)(b). The opponent had referred him to a decision of the CFI (Second Chamber) in Case T-129/01, Jose Alejandro, SL v OHIM, in which the marks BUD and BUDMEN had been found to be similar. The Hearing Officer, however, found that that case was not on all fours with the instant case. In the result, he found the marks not to be similar and the Section 5(2)(b) failed accordingly.

This absence of a likelihood of confusion, together with the fact that the application in suit was limited to wines "the produce of Bulgaria", meant that misrepresentation would not occur and hence the objection under Section 5(4)(a) also failed, as did the objection under Section 56.

Full decision O/215/05 48Kb