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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RINA KETTY ESSENTIAL MUSK DEVICE (Trade Mark: Opposition) [2000] UKIntelP o02700 (7 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o02700.html
Cite as: [2000] UKIntelP o2700, [2000] UKIntelP o02700
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RINA KETTY ESSENTIAL MUSK DEVICE (Trade Mark: Opposition) [2000] UKIntelP o02700 (7 February 2000)
For the whole decision click here: o02700
Trade mark decision
- BL Number
- O/027/00
- Decision date
- 7 February 2000
- Hearing officer
- Mr G Salthouse
- Mark
- RINA KETTY ESSENTIAL MUSK & DEVICE
- Classes
- 03
- Applicants
- Fine Fragances & Cosmetics Limited
- Opponents
- Harby's Corporation NV
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- None.
Summary
The opposition was based on the opponent' mark which comprised the words MUSK by ALYSSA ASHLEY and the device of linked male and female symbols. The Hearing Officer found no evidence of bad faith and the Section 3(6) ground was therefore dismissed. Turning to the ground under Section 5(4), the Hearing found that the evidence did not support a case of passing-off; opposition therefore failed.