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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LEO ROSSI (Trade Mark: Opposition) [2003] UKIntelP o04503 (17 February 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o04503.html Cite as: [2003] UKIntelP o4503, [2003] UKIntelP o04503 |
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For the whole decision click here: o04503
Result
Application for invalidation Section 5(2)(b) - Failed
Points Of Interest
Summary
The applicants for invalidation were proprietors of the CTM registration SERGIO ROSSI, in Class 25.
The Hearing Officer found, first, that the respective goods were identical or very similar, and the applicants' mark had a high capacity to distinguish the goods of the undertaking.
There were both visual and phonetic similarities in the marks LEO ROSSI & SERGIO ROSSI and also visual and phonetic differences.
Despite these findings, however, the Hearing Officer having considered all the factors, found that there was no likelihood of confusion. He concluded that there was no evidence to support the applicants assertion that the average consumer would expect a commercial connection between enterprises trading under the marks LEO ROSSI and SERGIO ROSSI.
The application for invalidation failed.
