Trade mark decision

BL Number
O/225/07
Decision date
9 August 2007
Hearing Officer
Mr M Reynolds
Mark
WITCHCRAFT
Classes
03
Applicant
Raza Sayed
Opponents
E.C. De Witt & Company
Opposition
Sections 5(2)(b) & 5(3)

Result

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

Points Of Interest

  • 1. Evidence of use; challenges thereto.
  • 2. Family of marks.
  • 3. Section 5(3); ‘piggy-backing’.

Summary

The application was in respect of ‘Eau de toilette, perfume ,deodorant’. The opposition was based on registrations of a number of WITCH marks including WITCH DOCTOR and WITCH STIK.

The Hearing Officer found points of similarity as well as points of difference in the respective sets of goods; (skincare preparations on the one hand and perfumes and deodorants on the other). Overall, he found the goods to be similar and he turned to a comparison of the marks. In the result, he found a likelihood of confusion and the opposition succeeded under both Sections.

Full decision O/225/07 PDF document89Kb