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United Kingdom Intellectual Property Office Decisions
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SMILEE FACES (Trade Mark: Opposition) [2003] UKIntelP o19103 (2 July 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o19103.html
Cite as:
[2003] UKIntelP o19103
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SMILEE FACES (Trade Mark: Opposition) [2003] UKIntelP o19103 (2 July 2003)
For the whole decision click here: o19103
Trade mark decision
- BL Number
- O/191/03
- Decision date
- 2 July 2003
- Hearing officer
- Mr M Reynolds
- Mark
- SMILEE FACES
- Classes
- 21, 25, 41, 42
- Applicant
- Kidz World Limited
- Opponent
- Mr Franklin Loufrani
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition provisionally successful.
Points Of Interest
-
1. Comparison of the marks SMILEY v SMILEE FACE(S).
Summary
The opposition was based on the opponent’s UK and Community Trade Mark applications for registration of the mark SMILEY. These would have priority were they to proceed to actual registration. The period of suspension specified by the Registry having expired, the Hearing Officer gave the following provisional decision, based on the papers before him.
Certain of the respective goods/services were identical or similar; this together with the strong similarity in the marks gave rise to a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly, but a final decision would have to await the outcome of the opponent’s applications. At that stage a supplementary, final, decision would be issued and the appeal period would run from that date.