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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MISSHA (Stylised) with Flower Device (Trade Mark: Opposition) [2007] UKIntelP o30307 (16 October 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o30307.html
Cite as: [2007] UKIntelP o30307

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MISSHA (Stylised) with Flower Device (Trade Mark: Opposition) [2007] UKIntelP o30307 (16 October 2007)

For the whole decision click here: o30307

Trade mark decision

BL Number
O/303/07
Decision date
16 October 2007
Hearing officer
Mr G Salthouse
Mark
MISSHA (Stylised) with Flower Device
Classes
03
Applicants
Abel C & C Co Ltd
Opponents
Mary Quant Cosmetics Japan Ltd
Opposition
Sections: 3(6), 5(2)(b), 5(3), 5(4)(a) & 56

Result

Opposition failed on all grounds

Points Of Interest

Summary

The opposition was based on one registration of MARY QUANT & Flower device and one of the flower device solus. It was common ground that the goods were identical. The Hearing Officer therefore turned to a comparison of the respective marks. In his view the main differences between them far outweighed the similarities and in the result he found no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly. The Section 5(3) objection also failed because even had the opponents demonstrated the necessary regulation (which they had not), the differences in the marks would have decided the matter. This, effectively dealt with the Section 5(4)(a) objection also. The Section 3(6) objection also failed.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o30307.html