Trade mark decision

BL Number
Decision date
30 October 2002
Hearing Officer
Mr M Knight
Merchant International Trading Limited
Abdul Ahad
Sections 5(2)(a) & 5(4)(a)


Section 5(2)(a): - Opposition partially successful.

Section 5(4)(a): - Opposition failed.

Points Of Interest

  • None


The opposition was based on the opponent's registration and use of his mark JAIPUR, in aspect of prepared meals and restaurant services. The application was made in respect of alcoholic beverages except beers. The marks being identical the matter came down to a comparison of goods and services. Applying the relevant case law and the established practice in the Registry, the Hearing Officer concluded that there was no clash between the applicants' goods in Class 33 and the opponent's goods in Class 29, but that a clash existed between 'wine' included within the applicants' specification and the 'restaurant services' in the opponent's Class 42 registration. It appeared from the evidence, however, that the applicants were preparing to use the mark in relation to 'gin'. The Hearing Officer therefore ruled that the application would be able to proceed if the specification was reduced to "gin".

The evidence did not support a case under Section 5(4)(a).

The opposition having partly succeeded, the Hearing Officer awarded costs to the opponent.

Full decision O/439/02 PDF document25Kb