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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FOUR EYEZ (Trade Mark: Opposition) [2003] UKIntelP o31703 (21 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o31703.html
Cite as: [2003] UKIntelP o31703
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FOUR EYEZ (Trade Mark: Opposition) [2003] UKIntelP o31703 (21 October 2003)
For the whole decision click here: o31703
Trade mark decision
- BL Number
- O/317/03
- Decision date
- 21 October 2003
- Hearing officer
- Mr M Reynolds
- Mark
- FOUR EYEZ
- Classes
- 05, 09
- Applicant
- Fashion Wear Services Limited
- Opponent
- For Eyes Optical Company
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
- 1. Comparison of the marks FOR EYES v FOUR EYEZ.
Summary
The opposition was based on the opponents’ registrations of FOREYES and device, registered in Classes 9, 35 and 42. The Hearing Officer found that the applicants’ goods specified in Classes 5 and 9 were either identical with or similar to the opponents’ Class 9 goods. It was unnecessary to consider the matter in Classes 35 and 42 as these would not put the opponents into any stronger a position. After assessing the distinctive character of the respective marks and comparing them one with the other, however, the Hearing Officer found no likelihood of confusion. He noted that the goods were likely to be chosen with some care and he found no conceptual similarity save that at a general level both had some reference to spectacles contact lenses or wearers of those items.