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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ACCESSOREYES (Trade Mark: Opposition) [2006] UKIntelP o36906 (18 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o36906.html
Cite as: [2006] UKIntelP o36906
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ACCESSOREYES (Trade Mark: Opposition) [2006] UKIntelP o36906 (18 December 2006)
For the whole decision click here: o36906
Trade mark decision
- BL Number
- O/369/06
- Decision date
- 18 December 2006
- Hearing officer
- Mr C Bowen
- Mark
- ACCESSOREYES
- Classes
- 09
- Applicant
- Natasha Julie Phillips
- Opponent
- Monsoon Accessorize Limited
- Opposition
- Sections 5(2)(b), 5(3) & 5(4)(a)
Result
Section 5(2)(b): Opposition successful. Section 5(3): Opposition failed. Section 5(4)(a): No formal finding.
Points Of Interest
- Comparison of the marks ACCESSORIZE v ACCESSOREYES
Summary
The opposition was based on the opponents mark ACCESSORIZE registered in Class 9, in respect of goods (spectacles, sunglasses etc) which the Hearing Officer found to be identical with those specified in the application.
The matter therefore came down, essentially to a ‘comparison’ of the marks.
In the result, the Hearing Officer found a likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly.
The evidence of reputation was insufficient to sustain an objection under Section 5(3), and the Hearing Officer made no formal finding under Section 5(4)(a).