Trade mark decision

BL Number
Decision date
23 August 2007
Hearing Officer
Mr M Reynolds
ZSL/ZSL/ZSL - Living Conservation
16, 25, 28, 41, 42, 43
The Zoological Society of London
Yves Saint Laurent
Section 5(2)(b)


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?


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 PDF document71Kb