Trade mark decision

BL Number
O/325/01
Decision date
30 July 2001
Hearing Officer
Mr M Reynolds
Mark
CLAVA
Classes
33
Applicant
Agricola Y Forestal Arco Iris S.A.
Opponent
Badischer Winzerkeller EG
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • Importance of first letter, and dictionary significance in the comparison of the marks CLAVA v LAVA.

Summary

The opposition was based on the opponents’ mark LAVA registered in respect of wines in Class 33. After comparing these marks, however, the Hearing Officer found no likelihood of confusion and the opposition failed accordingly.

Full decision O/325/01 PDF document13Kb