Trade mark decision

BL Number
Decision date
11 May 2007
Hearing Officer
Mr D Landau
sk:n SK:N (series of 2 marks) sk:n skin knowledge network (series of 7 marks)
Lasercare Clinics (Harrogate) Limited
The Procter & Gamble Company
Section 5(2)(b)


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

Points Of Interest

  • None.


The opponent owns the mark SK-II in class 3 in respect of identical and similar goods. It is only opposing Class 3 of the applicant’s applications.

The opponent also filed evidence of use of its mark and claimed an enhanced reputation but the Hearing Officer rejected this claim on the basis: 1. It was not pleaded, 2. It was not made out and 3. If its mark is distinctive, as claimed by the opponent, the use would not assist its case.

Under Section 5(2)(b) the Hearing Officer compared the respective marks on the basis that the opponent’s mark would be seen as SK2 and the applications mark as SKN with a strong allusion to the word skin because of the way it is presented. While there is some similarity because of the common element SK, the Hearing Officer concluded that the respective marks were not confusingly similar and that the opposition under Section 5(2)(b) failed.

Full decision O/124/07 PDF document131Kb