Trade mark decision

BL Number
O/424/00
Decision date
21 November 2000
Hearing Officer
Mr M Reynolds
Mark
LAMBRINI
Classes
33
Applicants
Halewood International Ltd
Opponents
Gruppo Italiano Vini S.C.A.R.L
Opposition
Section 5(2)

Result

Section 5(2)(b) - Opposition succeeded

Points Of Interest

  • None

Summary

The applicant’s application in Class 33 was in respect of "Perry" so there was direct conflict with the opponents who had a registration for the mark LAMBERTI for wines. The conflict under Section 5(2)(b) fell to be decided on a comparison of the respective marks. The opponents had only modest use of their mark in respect of grape wines. While the applicant’s mark included a label, the most prominent element was the word LAMBRINI and the Hearing Officer compared this word with the opponents mark LAMBERTI. The Hearing Officer concluded that both marks were invented; that the first four letters were common; that the letter ‘I’ termination might be seen as indicating Italian words and that visually the marks were very similar. He decided, therefore, that there was a likelihood of confusion.

Full decision O/424/00 PDF document143Kb