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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SO?...KISS ME (Trade Mark: Opposition) [2004] UKIntelP o13404 (13 May 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o13404.html Cite as: [2004] UKIntelP o13404 |
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For the whole decision click here: o13404
Result
Section 5(4)(a) - Opposition failed.
Points Of Interest
Summary
The opponent claimed use of the mark KISS ME in relation to 'mascara' from 1975 on goods imported from America. The only evidence of use provided was the provision of a ‘typical invoice’ originating in the UK, totaling $27 and information about the nature of the product, in particular that it was water resistant.
The opponent also claims promotion in the UK from 1997 onwards but a distributor was not appointed until five months after the relevant date, the 31 January 2001. References to websites, advertisements in magazines and trade fairs all related to those based in America.
On the basis of the information before him, the Hearing Officer concluded that any use of the mark KISS ME by the opponent in the UK had been less than de minimis. This being the case the opponent failed at the outset in the ground under Section 5(4)(a) since it clearly had no reputation in the mark in the UK at the relevant date.
