Trade mark decision
- BL Number
- O/325/06
- Decision date
- 17 November 2006
- Hearing Officer
- Mr M Foley
- Mark
- STOLNAYA (label & three 3 dimensional bottle)
- Classes
- 33
- Registered Proprietor
- Zakrytoe Aktsionernoe Obschestvo “Gruppa Predpriyastii OST”
- Applicants for a declaration invalidity
- Spirits International NV
- Application for Invalidation
- Section 47 (citing Sections 5(2)(b), 5(3) & 5(4)(a)
Result
Application for invalidation Section 47(2) (citing Section 5(2)(b)) successful. (No formal findings under Sections 5(3) & 5(4)(a).
Points Of Interest
- Comparison of the marks STOLICHNAYA v STOLHAYA
Summary
The application was based on the UK registration of the mark STOLICHNAYA in Class 33.
The respective goods were identical/similar.
Having compared the marks and on an ‘overall assessment’ the Hearing Officer found a likelihood of confusion and the application under Section 5(2)(b) succeeded accordingly.
The Hearing Officer did not go on to make formal findings under Sections 5(3) and 5(4)(a) but remarked that the likely outcome would also have been in favour of the applicants.
Full decision O/325/06 
87Kb
