Trade mark decision

BL Number: O/134/04
Decision date: 13 May 2004
Hearing Officer: Dr W J Trott
Mark: SO?...KISS ME
Classes: 03
Applicant: Debonair Trading Internacional
Opponent: Kabushiki Kaisha Isehan
Opposition: Section 5(4)(a)

Result

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

Points Of Interest

1. None

Summary

The opponent claimed use of the mark KISS ME in relation to 'mascara' from 1975 on goods imported from America. The only evidence of use provided was the provision of a ‘typical invoice’ originating in the UK, totaling $27 and information about the nature of the product, in particular that it was water resistant.

The opponent also claims promotion in the UK from 1997 onwards but a distributor was not appointed until five months after the relevant date, the 31 January 2001. References to websites, advertisements in magazines and trade fairs all related to those based in America.

On the basis of the information before him, the Hearing Officer concluded that any use of the mark KISS ME by the opponent in the UK had been less than de minimis. This being the case the opponent failed at the outset in the ground under Section 5(4)(a) since it clearly had no reputation in the mark in the UK at the relevant date.

Full decision O/134/04 29Kb