Trade mark decision

BL Number

O/027/00

Decision date

7 February 2000

Hearing Officer

Mr G Salthouse

Mark

RINA KETTY ESSENTIAL MUSK & DEVICE

Classes

03

Applicants

Fine Fragances & Cosmetics Limited

Opponents

Harby's Corporation NV

Opposition

Sections 3(6) & 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• None.

Summary

The opposition was based on the opponent' mark which comprised the words MUSK by ALYSSA ASHLEY and the device of linked male and female symbols. The Hearing Officer found no evidence of bad faith and the Section 3(6) ground was therefore dismissed. Turning to the ground under Section 5(4), the Hearing found that the evidence did not support a case of passing-off; opposition therefore failed.

Full decision O/027/00 49Kb