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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PERFECT 10 (Trade Mark: Opposition) [2002] UKIntelP o52102 (17 December 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o52102.html
Cite as: [2002] UKIntelP o52102

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PERFECT 10 (Trade Mark: Opposition) [2002] UKIntelP o52102 (17 December 2002)

For the whole decision click here: o52102

Trade mark decision

BL Number
O/521/02
Decision date
17 December 2002
Hearing officer
Mr A James
Mark
PERFECT 10
Classes
03
Applicant
Original Additions (Beauty Products) Limited
Opponent
Perfect 10 Inc
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

The opposition was based on a CTM registration in Classes 9, 16 and 41 and the opponents’ magazine PERFECT 10. The Hearing Officer dealt first with the case under Section 5(4)(a). In the result he found that the applicants’ use at the relevant date had not been shown to amount to a misrepresentation. That ground of opposition therefore failed. Under Section 5(2)(b) he found that the goods and services were dissimilar, or at least, the opponents had not satisfied him that, overall, they could be considered similar.

The opposition failed under Section 5(2) accordingly, but the Hearing Officer went on to record that even if he were wrong in his finding regarding similarity, the similarity was in his view so slight that he would not be able to find a likelihood of confusion.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o52102.html