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United Kingdom Intellectual Property Office Decisions
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SOFT TOUCH (Trade Mark: Opposition) [2001] UKIntelP o30201 (12 July 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o30201.html
Cite as:
[2001] UKIntelP o30201
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SOFT TOUCH (Trade Mark: Opposition) [2001] UKIntelP o30201 (12 July 2001)
For the whole decision click here: o30201
Trade mark decision
- BL Number
- O/302/01
- Decision date
- 12 July 2001
- Hearing officer
- Mr M Reynolds
- Mark
- SOFT TOUCH
- Classes
- 26
- Applicant
- Hawaiian Pomade Co Ltd
- Opponent
- Beauty Star Limited
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opponents opposition was based on their ownership and use of the mark SOFTTEX in respect of identical goods. Under Section 5(2)(b) the Hearing Officer concluded that the evidence of use was modest so there was no enhancement of the distinctiveness of the opponents mark. Having compared the respective marks SOFTEX and SOFT TOUCH the Hearing Officer found the marks to be different visually, orally and conceptually and that there was little likelihood of confusion.
With regard to the ground under Section 5(4)(a) - Passing Off - the Hearing Officer noted that the use embraced a wide range of goods and thus any reputation would be thinly spread. Even if goodwill was established, the opponents would still fail on this ground because no misrepresentation or damage would arise.
