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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ODELIA (Trade Mark: Opposition) [2003] UKIntelP o08303 (2 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o08303.html
Cite as: [2003] UKIntelP o8303, [2003] UKIntelP o08303

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ODELIA (Trade Mark: Opposition) [2003] UKIntelP o08303 (2 April 2003)

For the whole decision click here: o08303

Trade mark decision

BL Number
O/083/03
Decision date
2 April 2003
Hearing officer
Mr M Foley
Mark
ODELIA
Classes
03
Applicant
Heaven Scent Perfumes, Inc
Opponent
dELIA’s Group Inc
Opposition
Sections 5(2)(b) (An objection under Section 5(4)(a) was withdrawn at the Hearing.)

Result

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

Points Of Interest

Summary

The opposition was based on the opponent’s registrations of their marks DELIA’S & DELIAs (stylised). At the hearing the unstylised version was selected as affording the opponents’ best case. The goods were identical. The matter therefore came down to a comparison of the marks.

Taking account of all the relevant factors and applying the ‘global’ approach the Hearing Officer concluded that there was a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o08303.html