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United Kingdom Intellectual Property Office Decisions
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SK.4 Device (Trade Mark: Opposition) [2007] UKIntelP o33307 (9 November 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o33307.html
Cite as:
[2007] UKIntelP o33307
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SK.4 Device (Trade Mark: Opposition) [2007] UKIntelP o33307 (9 November 2007)
For the whole decision click here: o33307
Trade mark decision
- BL Number
- O/333/07
- Decision date
- 9 November 2007
- Hearing officer
- Mr M Foley
- Mark
- SK.4 & Device
- Classes
- 03, 08
- Applicants
- Simon Grogan
- Opponents
- The Proctor & Gamble Company
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition Successful
Points Of Interest
-
Comparison of the goods/trade circumstances: notional overlap.
Summary
The opposition was based on the mark SK-II registered in Class 3 in respect of goods (which may be broadly described as ‘toiletries’). The application was proposed for goods for use “in a place of business involving a qualified beauty therapist”. The Hearing Officer found the marks similar and the goods in Class 3 to be identical. There was ‘reasonable similarity’ in the Class 8 goods and a ‘notional’ overlap in the trade circumstances. The opposition succeeded.