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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> sk:n SK:N (series of 2 marks) sk:n skin knowledge network (series of 7 marks) (Trade Mark: Opposition) [2007] UKIntelP o12407 (11 May 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o12407.html
Cite as: [2007] UKIntelP o12407
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sk:n SK:N (series of 2 marks) sk:n skin knowledge network (series of 7 marks) (Trade Mark: Opposition) [2007] UKIntelP o12407 (11 May 2007)
For the whole decision click here: o12407
Trade mark decision
- BL Number
- O/124/07
- Decision date
- 11 May 2007
- Hearing officer
- Mr D Landau
- Mark
- sk:n SK:N (series of 2 marks) sk:n skin knowledge network (series of 7 marks)
- Classes
- 03
- Applicant
- Lasercare Clinics (Harrogate) Limited
- Opponent
- The Procter & Gamble Company
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
- None.
Summary
The opponent owns the mark SK-II in class 3 in respect of identical and similar goods. It is only opposing Class 3 of the applicant’s applications.
The opponent also filed evidence of use of its mark and claimed an enhanced reputation but the Hearing Officer rejected this claim on the basis: 1. It was not pleaded, 2. It was not made out and 3. If its mark is distinctive, as claimed by the opponent, the use would not assist its case.
Under Section 5(2)(b) the Hearing Officer compared the respective marks on the basis that the opponent’s mark would be seen as SK2 and the applications mark as SKN with a strong allusion to the word skin because of the way it is presented. While there is some similarity because of the common element SK, the Hearing Officer concluded that the respective marks were not confusingly similar and that the opposition under Section 5(2)(b) failed.