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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ICKLE FOR LITTLE PEOPLE (Trade Mark: Opposition) [2003] UKIntelP o27003 (29 August 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o27003.html
Cite as: [2003] UKIntelP o27003
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ICKLE FOR LITTLE PEOPLE (Trade Mark: Opposition) [2003] UKIntelP o27003 (29 August 2003)
For the whole decision click here: o27003
Trade mark decision
- BL Number
- O/270/03
- Decision date
- 29 August 2003
- Hearing officer
- Mr G Salthouse
- Mark
- ICKLE FOR LITTLE PEOPLE
- Classes
- 25
- Applicant
- Adams Childrenswear Limited
- Opponent
- Mattel Inc
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed.
Points Of Interest
- 1. None
Summary
The opponent opposition was based on their ownership of the registered mark LITTLE PEOPLE in Class 25 in respect of identical and similar goods. The only point at issue, therefore, was whether or not the respective marks were confusingly similar. The applicant originally submitted that ICKLE was an invented word but the opponent pointed out in their evidence that ICKLE appears in slang dictionaries and means “little child’s” attempt at pronouncing the word 'little'.
In his comparison of the respective marks the Hearing Officer observed that the opponent's mark did not appear to be particularly distinctive in relation to children's clothing. While accepting that there was a degree of similarity between the two marks because the opponent's mark was encompassed within the applicant's mark, the Hearing Officer decided that even allowing for imperfect recollection the marks were sufficiently different not to be confused. Opposition thus failed.