Trade mark decision

BL Number

O/247/00

Decision date

17 July 2000

Hearing Officer

Mr M Reynolds

Mark

TORREMAR

Classes

33

Applicant

Vina Torreblanca SL

Opponent

Miguel Torres SA

Opposition

Sections 5(2) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• The Opponents appealed this decision to the Appointed Person. In his decision dated 8 May 2002 (BL O/207/02) the Appointed Person upheld the Hearing Officer’s decision.

Summary

The opponents opposition was based on their ownership and use of the marks TORRES, MIGUEL TORRES, TORRES MILMANDA and a three tower device. User was of long standing and has been significant for a number of years.

In his consideration under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and based his comparison of marks on the opponents TORRES mark which he thought offered them the best change of success. The Hearing Officer noted that there was some superficial similarity between the marks TORRES and TORREMAR in that they have the first five letters in common but he went on to find them different visually and aurally and concluded that there was little likelihood of confusion of the public, even taking into account that the opponents had some reputation in their TORRES mark.

Under Section 5(4)(a) - Passing Off - the Hearing Officer noted that the opponents user showed TORRES used with other words and their three tower device. He therefore decided that their position on this ground was no better than under Section 5(2)(b) and he therefore found in favour of the applicants.

Full decision O/247/00 72Kb