Trade mark decision

BL Number
O/442/01
Decision date
9 October 2001
Hearing Officer
Mr G Salthouse
Mark
LAMBRUSSI
Classes
33
Applicant
Lanchester Wine Cellars Limited
Opponent
Halewood International Limited
Opposition
Sections 5(2)(b) & 56(2)

Result

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

Section 56(2): - Opposition failed.

Points Of Interest

  • None

Summary

The opponents opposition was based on their ownership of registrations of LAMBRINI, LAMBRINI and device and LAMBRUCINI. Details of use of the LAMBRINI mark since 1994 was filed and the Hearing Officer decided that the opponents best case rested on their LAMBRINI marks. As identical goods were at issue the Hearing Officer compared the respective marks LAMBRINI and LAMBRUSSI. The Hearing Officer noted that both words were invented; had no apparent meanings; were the same length; had the first four letters in common and each consisted of three syllables. Both also had a concluding "I" which suggested that both marks consisted of a foreign word. Taking all these factors into account, including imperfect recollection the Hearing Officer concluded that there was a likelihood of confusion. Opposition thus succeeded on this ground.

In relation to Section 56(2) the Hearing Officer noted that as the opponents were a UK Company they did not fall within the criteria set down in Section 56(2). Opposition dismissed on this ground.

Full decision O/442/01 PDF document32Kb