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United Kingdom Intellectual Property Office Decisions
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LIPSICLES (Trade Mark: Opposition) [2003] UKIntelP o35903 (18 November 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o35903.html
Cite as:
[2003] UKIntelP o35903
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LIPSICLES (Trade Mark: Opposition) [2003] UKIntelP o35903 (18 November 2003)
For the whole decision click here: o35903
Trade mark decision
- BL Number
- O/359/03
- Decision date
- 18 November 2003
- Hearing officer
- Mr M Reynolds
- Mark
- LIPSICLES
- Classes
- 03
- Applicant
- Constance Carroll Cosmetics Plc
- Opponent
- Novartis AG
- Opposition
- Sections 5(2)(b) 5(4)(a)* (* an objection under Section 5(3) was dropped following a reduction in the specification).
Result
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - No formal finding.
Points Of Interest
-
1. Comparison of the marks LYPSYL v LIPSICLES.
-
2. Costs in proceedings before the Registrar.
Summary
The opposition was based on the mark LYPSYL registered in Classes 3 and 5. The goods were “very closely similar” in the view of the Hearing Officer. The matter came down therefore to an assessment of the marks which, the Hearing Officer decided, were "invented or fancy words". On a global appreciation, however, he did not consider that there was a likelihood of confusion. The objections under Section 5(2)(b) failed accordingly. This effectively decided the fate of the Section 5(4)(a) objection also, to which, however the Hearing Officer did not give separate consideration.
The applicants' submissions in relation to costs reflecting a delay which had to some extent involved the Registry were, however, not a matter for the Hearing Officer to rule on.