Trade mark decision

BL Number

O/298/06

Decision date

18 October 2006

Hearing officer

Mr G Salthouse

Mark

VOGUE

Classes

03

Applicant

Conde Nast Publications Limited

Opponent

United Toiletries & Cosmetics Limited

Opposition

Section 5(4)(a)

Result

Section 5(4)(a): Opposition successful. Applicant’s specification restricted.

Points Of Interest

• The applicant appealed to the Appointed Person. In his decision dated 10 May 2007 (BL O/154/07 the Appointed Person upheld the Hearing Officer's decision as regards his finding as to a protectable goodwill but allowed certain goods such as cosmetics to remain in the applicant's specification.

Summary

The applicant in these proceedings is the proprietor of the mark VOGUE in Class 16 and publishes the well known fashion magazine under that name. In its evidence it refers to its extensive reputation and the fact that it carries advertisements for a range of fashion products including perfumes and toilet preparations generally.

The opponent claimed to have used its mark VOGUE in relation to perfume from at least 1984 when the product was re-launched. While the evidence of use was not particularly well focused the Hearing Officer accepted that there had been genuine use for a number of years and that the opponent had a goodwill and reputation in its mark VOGUE at the relevant date. Consequently the opponent was successful in its opposition in respect of all perfumery and toilet preparations. The application was allowed to proceed in respect of bleaching and household cleaning preparations, to which the opponent had raised no objection.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o29806.html