Trade mark decision

BL Number
O/246/08
Decision date
22 July 2008
Appointed Person
Mr Geoffrey Hobbs QC
Mark
MISSHA (stylised) with flower Device & Device of Flower Head (stylised)
Classes
03
Applicants/Respondents
Able C & C Co Ltd
Opponents/Appellants
Mary Quant Cosmetics Japan Ltd
Opposition
Appeals to the Appointed Person against decisions of the Registrar’s Hearing Officer in Opposition Proceedings

Result

Appeals dismissed.

Points Of Interest

  • Colour of marks; colour(s) specified v colour(s) unspecified.

Summary

At first instance (see BL O/303/07 and BL O/305/07) the Hearing Officer had found against the opponents in two related oppositions. The opponents appealed under Section 76 claiming, inter alia, that the Hearing Officer had erred in not giving consideration to the effect of possible colour combinations in his assessment of the marks.

However, the Appointed Person, upheld the Hearing Officer’s decisions; in particular he ruled that “……. registration in black-and-white provides protection unrelated to colour. Protection related to colour is the corollary of registration in colour. It is not open to the opponent to claim protection related to colour on the basis of the registration cited …….”

Both appeals were dismissed.

Full decision O/246/08 PDF document105Kb