Trade mark decision
- BL Number
- O/245/07
- Decision date
- 23 August 2007
- Hearing Officer
- Mr M Reynolds
- Mark
- ZSL/ZSL/ZSL - Living Conservation
- Classes
- 16, 25, 28, 41, 42, 43
- Applicants
- The Zoological Society of London
- Opponents
- Yves Saint Laurent
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
- 1. Comparison of the marks YSL v ZSL; “small differences can indeed make a difference in short marks”.
- 2. Enhanced distinctiveness; does this need to be specifically pleaded?
Summary
The opposition, which was directed solely at the Class 25 goods, was based on two registrations of the mark YSL (stylised and in a monogram format). The Class 25 goods were identical. The Hearing Officer therefore addressed himself to the comparison of the marks and the likelihood of confusion. A number of issues arose in the course of the assessment including a review of whether a claim to enhanced distinctiveness has to be specifically pleaded. In the result the Hearing Officer found no likelihood of confusion and the opposition failed.
Full decision O/245/07 
71Kb
