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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MISSHA (Stylised) with Flower Device (Trade Mark: Opposition) [2007] UKIntelP o30307 (16 October 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o30307.html
Cite as: [2007] UKIntelP o30307
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MISSHA (Stylised) with Flower Device (Trade Mark: Opposition) [2007] UKIntelP o30307 (16 October 2007)
For the whole decision click here: o30307
Trade mark decision
- BL Number
- O/303/07
- Decision date
- 16 October 2007
- Hearing officer
- Mr G Salthouse
- Mark
- MISSHA (Stylised) with Flower Device
- Classes
- 03
- Applicants
- Abel C & C Co Ltd
- Opponents
- Mary Quant Cosmetics Japan Ltd
- Opposition
- Sections: 3(6), 5(2)(b), 5(3), 5(4)(a) & 56
Result
Opposition failed on all grounds
Points Of Interest
- Similarity of marks, “other jurisdictions’ decisions regarding the similarity of marks are not binding upon the Registry”.
- See also BL O/305/07
Summary
The opposition was based on one registration of MARY QUANT & Flower device and one of the flower device solus. It was common ground that the goods were identical. The Hearing Officer therefore turned to a comparison of the respective marks. In his view the main differences between them far outweighed the similarities and in the result he found no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly. The Section 5(3) objection also failed because even had the opponents demonstrated the necessary regulation (which they had not), the differences in the marks would have decided the matter. This, effectively dealt with the Section 5(4)(a) objection also. The Section 3(6) objection also failed.