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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ZSL/ZSL/ZSL - Living Conservation (Trade Mark: Opposition) [2007] UKIntelP o24507 (23 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o24507.html
Cite as: [2007] UKIntelP o24507

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ZSL/ZSL/ZSL - Living Conservation (Trade Mark: Opposition) [2007] UKIntelP o24507 (23 August 2007)

For the whole decision click here: o24507

Trade mark decision

BL Number
O/245/07
Decision date
23 August 2007
Hearing officer
Mr M Reynolds
Mark
ZSL/ZSL/ZSL - Living Conservation
Classes
16, 25, 28, 41, 42, 43
Applicants
The Zoological Society of London
Opponents
Yves Saint Laurent
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): Opposition failed.

Points Of Interest

  • 1. Comparison of the marks YSL v ZSL; “small differences can indeed make a difference in short marks”.
  • 2. Enhanced distinctiveness; does this need to be specifically pleaded?

Summary

The opposition, which was directed solely at the Class 25 goods, was based on two registrations of the mark YSL (stylised and in a monogram format). The Class 25 goods were identical. The Hearing Officer therefore addressed himself to the comparison of the marks and the likelihood of confusion. A number of issues arose in the course of the assessment including a review of whether a claim to enhanced distinctiveness has to be specifically pleaded. In the result the Hearing Officer found no likelihood of confusion and the opposition failed.


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