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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MISSHA (stylised) with flower Device Device of Flower Head (stylised) (Trade Mark: Opposition) [2008] UKIntelP o24608 (22 July 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o24608.html
Cite as: [2008] UKIntelP o24608
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MISSHA (stylised) with flower Device Device of Flower Head (stylised) (Trade Mark: Opposition) [2008] UKIntelP o24608 (22 July 2008)
For the whole decision click here: o24608
Trade mark decision
- BL Number
- O/246/08
- Decision date
- 22 July 2008
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- MISSHA (stylised) with flower Device & Device of Flower Head (stylised)
- Classes
- 03
- Applicants/Respondents
- Able C & C Co Ltd
- Opponents/Appellants
- Mary Quant Cosmetics Japan Ltd
- Opposition
- Appeals to the Appointed Person against decisions of the Registrar’s Hearing Officer in Opposition Proceedings
Result
Appeals dismissed.
Points Of Interest
- Colour of marks; colour(s) specified v colour(s) unspecified.
Summary
At first instance (see BL O/303/07 and BL O/305/07) the Hearing Officer had found against the opponents in two related oppositions. The opponents appealed under Section 76 claiming, inter alia, that the Hearing Officer had erred in not giving consideration to the effect of possible colour combinations in his assessment of the marks.
However, the Appointed Person, upheld the Hearing Officer’s decisions; in particular he ruled that “……. registration in black-and-white provides protection unrelated to colour. Protection related to colour is the corollary of registration in colour. It is not open to the opponent to claim protection related to colour on the basis of the registration cited …….”
Both appeals were dismissed.