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Sections 5(2)(b) (An objection under Section 5(4)(a) was withdrawn at the Hearing.)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 PDF document23Kb