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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TEASE (Trade Mark: Opposition) [2008] UKIntelP o25608 (15 September 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o25608.html
Cite as: [2008] UKIntelP o25608
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TEASE (Trade Mark: Opposition) [2008] UKIntelP o25608 (15 September 2008)
For the whole decision click here: o25608
Trade mark decision
- BL Number
- O/256/08
- Decision date
- 15 September 2008
- Hearing officer
- Mr M Reynolds
- Mark
- TEASE
- Classes
- 03
- Applicant
- Unilever Plc
- Opponent
- Distribrands Cosmetics BV
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition successful.
Points Of Interest
- None
Summary
The opponent’s opposition was based on its ownership of a registration of the mark TEEZE in Class 3, in respect of identical and similar goods as those of the applicant.
Under Section 5(2)(b) the Hearing Officer compared the respective marks TEASE and TEEZE and concluded that while there are strong visual differences because TEASE is a well known word, the marks are phonetically identical. Also because the mark TEEZE would bring to mind the word TEASE there was a strong likelihood of conceptual identity. The Hearing Officer went on to conclude that there was a likelihood of confusion of the public and that the opposition succeeded.