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United Kingdom Intellectual Property Office Decisions
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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o21706.html
Cite as: [2006] UKIntelP o21706

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JUICY DIAMONDS JUICY JUICY SILVER (Trade Mark: Inter Partes) [2006] UKIntelP o21706 (2 August 2006)

For the whole decision click here: o21706

Trade mark decision

BL Number
O/217/06
Decision date
2 August 2006
Hearing officer
Mr M Foley
Mark
JUICY DIAMONDS JUICY JUICY SILVER
Classes
03, 14
Applicant
Talat Ismail
Opponent
Juicy Couture, Inc
Consolidated Oppositions
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b): Opposition successful. Section 5(3): Opposition successful. Section 5(4)(a): Opposition partially successful.

Points Of Interest

Summary

The opposition was based on a number of JUICY marks (JUICY COUTURE, JUICY JEANS, JUICY BABY). Before the hearing of the substantive matter, the Hearing Officer heard a request by the opponents that he allowed an amendment of the pleadings which, after some debate, he did.

Turning to the main matter the Hearing Officer compared the respective marks which, in the result, he found to be similar, by reason of the presence of the dominant and distinctive element, JUICY, in all of them.

After comparing the goods and services the Hearing Officer found the opposition under Section 5(2)(b) successful.

The opposition under Section 5(4)(a) succeeded in respect of ‘perfumery’ in Class 3 and ‘jewellery’ in Class 14.

The Hearing Officer also found for the opponents under Section 5(3).


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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o21706.html