Trade mark decision

BL Number

O/359/03

Decision date

18 November 2003

Hearing officer

Mr M Reynolds

Mark

LIPSICLES

Classes

03

Applicant

Constance Carroll Cosmetics Plc

Opponent

Novartis AG

Opposition

Sections 5(2)(b) 5(4)(a)* (* an objection under Section 5(3) was dropped following a reduction in the specification).

Result

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

Section 5(4)(a) - No formal finding.

Points Of Interest

• 1. Comparison of the marks LYPSYL v LIPSICLES.
• 2. Costs in proceedings before the Registrar.

Summary

The opposition was based on the mark LYPSYL registered in Classes 3 and 5. The goods were “very closely similar” in the view of the Hearing Officer. The matter came down therefore to an assessment of the marks which, the Hearing Officer decided, were "invented or fancy words". On a global appreciation, however, he did not consider that there was a likelihood of confusion. The objections under Section 5(2)(b) failed accordingly. This effectively decided the fate of the Section 5(4)(a) objection also, to which, however the Hearing Officer did not give separate consideration.

The applicants' submissions in relation to costs reflecting a delay which had to some extent involved the Registry were, however, not a matter for the Hearing Officer to rule on.

---

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o35903.html