Trade mark decision

BL Number: O/083/03
Decision date: 2 April 2003
Hearing Officer: Mr M Foley
Mark: ODELIA
Classes: 03
Applicant: Heaven Scent Perfumes, Inc
Opponent: dELIA’s Group Inc
Opposition: Sections 5(2)(b) (An objection under Section 5(4)(a) was withdrawn at the Hearing.)

Result

Section 5(2)(b) - Opposition successful.

Points Of Interest

1. Comparison of the marks. DELIA’S v ODELIA

Summary

The opposition was based on the opponent’s registrations of their marks DELIA’S & DELIAs (stylised). At the hearing the unstylised version was selected as affording the opponents’ best case. The goods were identical. The matter therefore came down to a comparison of the marks.

Taking account of all the relevant factors and applying the ‘global’ approach the Hearing Officer concluded that there was a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly.

Full decision O/083/03 23Kb