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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> JUICY DIAMONDS JUICY JUICY SILVER (Trade Mark: Inter Partes) [2006] UKIntelP o21706 (2 August 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o21706.html
Cite as: [2006] UKIntelP o21706
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JUICY DIAMONDS JUICY JUICY SILVER (Trade Mark: Inter Partes) [2006] UKIntelP o21706 (2 August 2006)
For the whole decision click here: o21706
Trade mark decision
- BL Number
- O/217/06
- Decision date
- 2 August 2006
- Hearing officer
- Mr M Foley
- Mark
- JUICY DIAMONDS JUICY JUICY SILVER
- Classes
- 03, 14
- Applicant
- Talat Ismail
- Opponent
- Juicy Couture, Inc
- Consolidated Oppositions
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b): Opposition successful. Section 5(3): Opposition successful. Section 5(4)(a): Opposition partially successful.
Points Of Interest
- Amendment of pleadings.
Summary
The opposition was based on a number of JUICY marks (JUICY COUTURE, JUICY JEANS, JUICY BABY). Before the hearing of the substantive matter, the Hearing Officer heard a request by the opponents that he allowed an amendment of the pleadings which, after some debate, he did.
Turning to the main matter the Hearing Officer compared the respective marks which, in the result, he found to be similar, by reason of the presence of the dominant and distinctive element, JUICY, in all of them.
After comparing the goods and services the Hearing Officer found the opposition under Section 5(2)(b) successful.
The opposition under Section 5(4)(a) succeeded in respect of ‘perfumery’ in Class 3 and ‘jewellery’ in Class 14.
The Hearing Officer also found for the opponents under Section 5(3).