Trade mark decision

BL Number
O/131/07
Decision date
15 May 2007
Hearing Officer
Mr G Salthouse
Mark
GODDESS
Classes
03
Applicants
Nicholas Andrew Clarke & Lesley Anne Gale Clarke
Opponents
Goddess International Limited
Opposition
Section 5(4)(a)* (* Objections under Sections 3(1)(b) & 3(1)(c) were filed but later withdrawn)

Result

Section 5(4)(a): Opposition failed.

Points Of Interest

  • Comparison of goods: beauty products v products sold in association with electrical beauty equipment.

Summary

The opposition was based on the opponents’ use of the mark GODDESS 2000 in connection with electrical beauty equipment and various accessory products for use with that equipment (gels, creams etc).

The Hearing Officer concluded that “Given the differences between the terms “Goddess” and “Goddess 2000” and also the differences between the goods of the two parties “he did not accept that misrepresentation would occur. The opposition failed, therefore.

Full decision O/131/07 PDF document41Kb