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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WITCHCRAFT (Trade Mark: Opposition) [2007] UKIntelP o22507 (9 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o22507.html
Cite as: [2007] UKIntelP o22507
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WITCHCRAFT (Trade Mark: Opposition) [2007] UKIntelP o22507 (9 August 2007)
For the whole decision click here: o22507
Trade mark decision
- BL Number
- O/225/07
- Decision date
- 9 August 2007
- Hearing officer
- Mr M Reynolds
- Mark
- WITCHCRAFT
- Classes
- 03
- Applicant
- Raza Sayed
- Opponents
- E.C. De Witt & Company
- Opposition
- Sections 5(2)(b) & 5(3)
Result
Section 5(2)(b): Opposition successful. Section 5(3): Opposition successful.
Points Of Interest
- 1. Evidence of use; challenges thereto.
- 2. Family of marks.
- 3. Section 5(3); ‘piggy-backing’.
Summary
The application was in respect of ‘Eau de toilette, perfume ,deodorant’. The opposition was based on registrations of a number of WITCH marks including WITCH DOCTOR and WITCH STIK.
The Hearing Officer found points of similarity as well as points of difference in the respective sets of goods; (skincare preparations on the one hand and perfumes and deodorants on the other). Overall, he found the goods to be similar and he turned to a comparison of the marks. In the result, he found a likelihood of confusion and the opposition succeeded under both Sections.