Trade mark decision

BL Number: O/083/05
Decision date: 23 March 2005
Hearing Officer: Mr J MacGillivray
Mark: DERICCI
Classes: 18, 25
Applicant: Dericci Leather Products Limited
Opponent: Nina Ricci
Opposition: Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

1. Comparison of the marks; NINA RICCI v DERICCI, adjudged to be not similar.

Summary

The opposition was based on registrations of the mark NINA RICCI in Classes 9, 14, 18 and 25. The Hearing Officer assessed the opponent's mark as "fully distinctive in an inherent context, notwithstanding any reputation in relation to clothing". It was entitled to a wide penumbra of protection, he decided. The goods in Classes 18 and 25 being identical, the Hearing Officer proceeded to a comparison of the marks.

The differences in these respective marks, however, were such that there was no likelihood of confusion, notwithstanding the fact that the goods were identical.

The opposition failed accordingly.

Full decision O/083/05 34Kb