Trade mark decision

BL Number

O/525/01

Decision date

23 November 2001

Hearing officer

Mr M Knight

Mark

DEVICE ONLY MARK

Classes

33

Applicants

UDV North America Inc

Opponents

Zakritoe Aktsionernoe Obchtchestvo Zakritogo Tipa "Torgovy" Dom Potomkov Postavchtchika Dvora Ego Imperatorskago Velitschestva P.A. Smirnova

Opposition

Sections 3(6); 5(1); 5(2)(b); 5(4)(a) & 56

Result

Section 3(6) - Opposition failed

Section 5(1) Opposition failed

Section 5(2)(b) Opposition failed

Section 5(4)(a) - Opposition failed

Section 56 - Opposition failed

Points Of Interest

• 1. None in this case; but see other BL refs quoted above.

Summary

Note: This was one of five actions, concerning 18 marks involving the same parties and heard over two days. The central and common feature of all these disputes was the marks SMIRNOFF or its equivalent in Cyrillic script.

In regard to the objections under Section 3(6), 5(1), 5(4)(a) and 56 the Hearing Officer applied the same reasoning and reached the same conclusions as in his decision BL O/526/01, q.v. the objections failed accordingly.

Under Section 5(2)(b) he found that whilst the opponents’ mark CMNPHOBA was included within the text of the applicants’ mark, it would in fact be ‘lost’ within the totality of that mark and in consequence they would not be confused. The opposition therefore failed in its entirety.

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