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 PDF document49Kb