Decision Nº O/253/05 from Intellectual Property Office - (Trade market), 12 September 2005
| Judge | Mr Geoffrey Hobbs QC |
| Case Outcome | Section 5(2)(b): - Appeal dismissed. Opposition successful. |
| Administrative Decision Number | O/253/05 |
| Date | 12 September 2005 |
| Appellant | G A Modefine SA |
| Registration Number | WO0000000748500 |
| Court | Intellectual Property Office (United Kingdom) |
O-253-05
IN THE MATTER OF
OPPOSITION No. 70681 BY GA MODEFINE SA
TO THE REQUEST BY DI GIO’ Srl
FOR PROTECTION IN THE UNITED KINGDOM
OF INTERNATIONAL TRADE MARK No. 748500
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DECISION
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Introduction
1. On 16 November 2000 Di Gio’ Srl (‘the Applicant’) requested protection in the
United Kingdom under the provisions of the Trade Marks (International Registration)
Order 1996 for the trade mark:
LE SPOSE DI GIO’
for use in relation to the following goods specified in International Registration No.
748500:
Clothing of all types, including bridal gowns, formal wear,
beach wear, clothes for gymnastics, sports and leisure wear;
footwear; underwear and clothing accessories, namely
gloves, belts, ties, hats, scarves and headscarves
X:\GH\DI GIO
-2-
2. A notice and grounds of opposition to the request for protection were filed by GA
Modefine SA (‘the Opponent’) on 9 October 2001. It was contended that use of the
opposed trade mark for goods of the kind specified by the Applicant would conflict with
the rights of the Opponent as proprietor of the following ‘earlier trade marks’ (as defined
in section 6 of the Trade Marks Act 1994):
Community Trade Mark No. 505669
ACQUA DI GIO’
Date of filing: 1 April 1997
Date of registration: 30 January 2001
Goods:
Class 3: Perfumery, essential oils, cosmetics, hair
lotions; dentifrices, soaps for personal use and
other preparations for personal use.
Class 25: Articles of clothing, footwear and headgear.
Community Trade Mark No. 505636
GIO’
Date of filing: 1 April 1997
Date of registration: 27 September 2004
Goods:
Class 3: Perfumery, essential oils, cosmetics, hair
lotions; dentifrices, soaps for personal use and
other preparations for personal use.
Class 25: Articles of clothing, footwear and headgear.
3. For present purposes I need only mention that the request for protection was
opposed under section 5(2)(b) of the 1994 Act on the ground that there were similarities
(in terms of marks and goods) that would combine to give rise to the existence of a
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