Trade mark decision

BL Number

O/421/99

Decision date

30 November 1999

Hearing officer

Mr M Knight

Mark

MCL PARFUMS DE PARIS

Classes

03

Applicants

Madgecourt Limited

Opponents

Federation Des Industries De La Parfumerie

Opposition

Section 3(1)(a), 3(1)(b), 3(3)(b), 3(4), 3(6), 5(4)(a) and 32(3)

Result

Section 3(1)(a) and (b) - Opposition failed

Section 3(3)(b) - Opposition successful

Section 3(4) - Not pursued

Section 3(6) - Opposition failed, bad faith not established

Section 5(4)(a) - Not pursued

Section 32(3) - Not pursued

Points Of Interest

• The applicant appealed to the Appointed Person re the award of costs to the opponents. Award confirmed. See Appointed Person decision dated 27 March 2000 (SRIS O/167/00)

Summary

Mark is descriptive of perfumes from Paris and would be deceptive if this was not the case. Applicant indicated that only perfume oil for use in the manufacture of the goods would be sourced in France.

Hearing Officer found that Paris had a reputation for perfumes and therefore mark would be deceptive if not used in relation to perfumes from Paris. Opposition succeeded. Other grounds not clearly established.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o42199.html