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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ODELIA (Trade Mark: Opposition) [2003] UKIntelP o08303 (2 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o08303.html
Cite as: [2003] UKIntelP o08303, [2003] UKIntelP o8303
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ODELIA (Trade Mark: Opposition) [2003] UKIntelP o08303 (2 April 2003)
For the whole decision click here: o08303
Trade mark decision
- BL Number
- O/083/03
- Decision date
- 2 April 2003
- Hearing officer
- Mr M Foley
- Mark
- ODELIA
- Classes
- 03
- Applicant
- Heaven Scent Perfumes, Inc
- Opponent
- dELIA’s Group Inc
- Opposition
- Sections 5(2)(b) (An objection under Section 5(4)(a) was withdrawn at the Hearing.)
Result
Section 5(2)(b) - Opposition successful.
Points Of Interest
- 1. Comparison of the marks. DELIA’S v ODELIA
Summary
The opposition was based on the opponent’s registrations of their marks DELIA’S & DELIAs (stylised). At the hearing the unstylised version was selected as affording the opponents’ best case. The goods were identical. The matter therefore came down to a comparison of the marks.
Taking account of all the relevant factors and applying the ‘global’ approach the Hearing Officer concluded that there was a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly.