Trade mark decision

BL Number

O/191/03

Decision date

2 July 2003

Hearing officer

Mr M Reynolds

Mark

SMILEE FACES

Classes

21, 25, 41, 42

Applicant

Kidz World Limited

Opponent

Mr Franklin Loufrani

Opposition

Section 5(2)(b)

Result

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

Points Of Interest

• 1. Comparison of the marks SMILEY v SMILEE FACE(S).

Summary

The opposition was based on the opponent’s UK and Community Trade Mark applications for registration of the mark SMILEY. These would have priority were they to proceed to actual registration. The period of suspension specified by the Registry having expired, the Hearing Officer gave the following provisional decision, based on the papers before him.

Certain of the respective goods/services were identical or similar; this together with the strong similarity in the marks gave rise to a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly, but a final decision would have to await the outcome of the opponent’s applications. At that stage a supplementary, final, decision would be issued and the appeal period would run from that date.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o19103.html