British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DERICCI (Trade Mark: Opposition) [2005] UKIntelP o08305 (23 March 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o08305.html
Cite as: [2005] UKIntelP o08305, [2005] UKIntelP o8305
[New search] [Printable PDF version] [Help]
DERICCI (Trade Mark: Opposition) [2005] UKIntelP o08305 (23 March 2005)
For the whole decision click here: o08305
Trade mark decision
- BL Number
- O/083/05
- Decision date
- 23 March 2005
- Hearing officer
- Mr J MacGillivray
- Mark
- DERICCI
- Classes
- 18, 25
- Applicant
- Dericci Leather Products Limited
- Opponent
- Nina Ricci
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
- 1. Comparison of the marks; NINA RICCI v DERICCI, adjudged to be not similar.
Summary
The opposition was based on registrations of the mark NINA RICCI in Classes 9, 14, 18 and 25. The Hearing Officer assessed the opponent's mark as "fully distinctive in an inherent context, notwithstanding any reputation in relation to clothing". It was entitled to a wide penumbra of protection, he decided. The goods in Classes 18 and 25 being identical, the Hearing Officer proceeded to a comparison of the marks.
The differences in these respective marks, however, were such that there was no likelihood of confusion, notwithstanding the fact that the goods were identical.
The opposition failed accordingly.