Trade mark decision

BL Number

O/363/02

Decision date

3 September 2002

Hearing Officer

Mr G Rose'Meyer

Mark

U.F.O

Classes

33, 42

Applicants

Brasserie Fischer SA

Opponents

The Silver Spring Mineral Water Company Limited

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition partially successful.

Points Of Interest

• 1. Comparison of the goods: some alcoholic beverages have (in trade) their non-alcoholic equivalents, but not all.

Summary

The opponents were proprietors of a registration of UFO in Class 32. The Hearing Officer had no doubt that these marks were similar, and went on to compare the goods/services. Whilst he was aware from his own knowledge and through Registry practice that some alcoholic drinks have their non-alcoholic equivalents, he did not believe that this was true of drinks such as the “bitter aperitifs, liqueurs, brandy and spirits” which were included in the applicants’ specification. The opposition succeeded in Class 33 in respect of the remainder of the specification. The opposition in Class 42 failed entirely.

The application was permitted to proceed subject to a reduction in the Class 33 specification.

Full decision O/363/02 43Kb