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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MCL PARFUMS DE PARIS (Trade Mark: Opposition) [1999] UKIntelP o42199 (30 November 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o42199.html
Cite as: [1999] UKIntelP o42199
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MCL PARFUMS DE PARIS (Trade Mark: Opposition) [1999] UKIntelP o42199 (30 November 1999)
For the whole decision click here: o42199
Trade mark decision
- BL Number
- O/421/99
- Decision date
- 30 November 1999
- Hearing officer
- Mr M Knight
- Mark
- MCL PARFUMS DE PARIS
- Classes
- 03
- Applicants
- Madgecourt Limited
- Opponents
- Federation Des Industries De La Parfumerie
- Opposition
- Section 3(1)(a), 3(1)(b), 3(3)(b), 3(4), 3(6), 5(4)(a) and 32(3)
Result
Section 3(1)(a) and (b) - Opposition failed
Section 3(3)(b) - Opposition successful
Section 3(4) - Not pursued
Section 3(6) - Opposition failed, bad faith not established
Section 5(4)(a) - Not pursued
Section 32(3) - Not pursued
Points Of Interest
- The applicant appealed to the Appointed Person re the award of costs to the opponents. Award confirmed. See Appointed Person decision dated 27 March 2000 (SRIS O/167/00)
Summary
Mark is descriptive of perfumes from Paris and would be deceptive if this was not the case. Applicant indicated that only perfume oil for use in the manufacture of the goods would be sourced in France.
Hearing Officer found that Paris had a reputation for perfumes and therefore mark would be deceptive if not used in relation to perfumes from Paris. Opposition succeeded. Other grounds not clearly established.