Trade mark decision

BL Number
O/256/08
Decision date
15 September 2008
Hearing Officer
Mr M Reynolds
Mark
TEASE
Classes
03
Applicant
Unilever Plc
Opponent
Distribrands Cosmetics BV
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • None

Summary

The opponent’s opposition was based on its ownership of a registration of the mark TEEZE in Class 3, in respect of identical and similar goods as those of the applicant.

Under Section 5(2)(b) the Hearing Officer compared the respective marks TEASE and TEEZE and concluded that while there are strong visual differences because TEASE is a well known word, the marks are phonetically identical. Also because the mark TEEZE would bring to mind the word TEASE there was a strong likelihood of conceptual identity. The Hearing Officer went on to conclude that there was a likelihood of confusion of the public and that the opposition succeeded.

Full decision O/256/08 PDF document30Kb