Trade mark decision

BL Number
O/155/08
Decision date
4 June 2008
Hearing Officer
Mr M Bryant
Mark
THE POWERPUFF GIRLS (Series of two marks)
Classes
44
Applicant
Katie Reynolds
Opponents
The Cartoon Network Inc
Opposition
Sections 5(2)(b) & 5(3)

Result

Section 5(2)(b): Opposition failed. Section 5(3): Opposition failed.

Points Of Interest

  • Comparison of the marks and the goods and services THE POWDERPUFF GIRLS and device v THE POWDERPUFF GIRLS. Overall, no likelihood of confusion.

Summary

The application was in respect of hairdressing and beauty treatment services in class 44. The opposition was based on a number of THE POWDERPUFF GIRLS marks registered in various classes, not including Class 44, but including goods in Class 3.

The Hearing Officer concluded that the average consumers for the respective goods/services were the same. He also concluded that there was “a degree of similarity between the respective goods and services, but that this similarity (was) on the low side”.

The marks had a low level of visual similarity but they were aurally very similar, he found. Conceptually the marks were not similar. In the result he found no likelihood of confusion and the opposition under Section 5(2) failed.

Under Section 5(3) he found that the mere existence of a link did not support a conclusion that there would be detriment to the distinctive character of the opponent’s mark. This objection also failed.

Full decision O/155/08 PDF document250Kb