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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PINK ICE (Trade Mark: Inter Partes) [2006] UKIntelP o25706 (13 September 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o25706.html
Cite as: [2006] UKIntelP o25706
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PINK ICE (Trade Mark: Inter Partes) [2006] UKIntelP o25706 (13 September 2006)
For the whole decision click here: o25706
Trade mark decision
- BL Number
- O/257/06
- Decision date
- 13 September 2006
- Hearing officer
- Mr D Landau
- Mark
- PINK ICE
- Classes
- 25
- Applicants
- Lacharité Apparels (1989) Inc
- Opponents
- Gilmar SpA
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition successful.
Points Of Interest
- 1. Comparison of the mark ICE BERG and ICE ICE ICEBERG v PINK ICE.
- 2. Comparison of the marks ICE JEANS v PINK ICE.
- 3. Notes on completion of Form TM7 “will tend to give rise to a failure of particularisation.
Summary
The opposition was based on registrations of the marks ICEBERG and ICE ICE ICEBERG and on use of an unregistered mark ICE JEANS. Having reviewed the matter the Hearing Officer found the opposition to have failed under Section 5(2)(b); the marks he said, were not similar, they were dissimilar.
Under Section 5(4)(a), however, he found the opponents’ case based on the use of their mark ICE JEANS, successful. The application was refused accordingly.
In his consideration of a preliminary matter the Hearing Officer remarked that the Registry’s form TM7 and the notes for its completion would “tend to give rise to a failure of particularisation.”