Trade mark decision

BL Number
Decision date
12 August 2003
Hearing Officer
Mr M Reynolds
Codorniu SA
Cora SPA
Section 5(2)(b)


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

Points Of Interest

  • None


The opponents opposition was based on their ownership of a registration for the mark BOSCA in Class 33 in respect of identical and similar goods. The opponents also filed evidence of use of their mark from 1966 onwards and while the Hearing Officer accepted that it was significant he was unable to accept that it led to an enhanced level of distinctiveness of the mark BOSCA.

Under Section 5(2)(b) it was common ground that identical goods were at issue so the only matter to be decided was whether or not the respective marks LA ROSCA and BOSCA were confusingly similar. As both marks have the last four letters in common the Hearing Officer accept that there was some visual similarity. However, he noted that the initial letters “R” and “B” were different and he did not think the word LA would be overlooked in the applicants’ mark even though it might be recognised as a translation from “the” in the Spanish language. Phonetically the two marks were considered to be different and there was nothing to link them conceptually, other than that both might be seen as invented words. Overall the Hearing Officer believed that customers were likely to choose wines with some care and he concluded that there was no likelihood of confusion. Opposition thus failed.

Full decision O/228/03 PDF document27Kb