Trade mark decision

BL Number

O/257/06

Decision date

13 September 2006

Hearing Officer

Mr D Landau

Mark

PINK ICE

Classes

25

Applicants

Lacharité Apparels (1989) Inc

Opponents

Gilmar SpA

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition successful.

Points Of Interest

• 1. Comparison of the mark ICE BERG and ICE ICE ICEBERG v PINK ICE.
• 2. Comparison of the marks ICE JEANS v PINK ICE.
• 3. Notes on completion of Form TM7 “will tend to give rise to a failure of particularisation.

Summary

The opposition was based on registrations of the marks ICEBERG and ICE ICE ICEBERG and on use of an unregistered mark ICE JEANS. Having reviewed the matter the Hearing Officer found the opposition to have failed under Section 5(2)(b); the marks he said, were not similar, they were dissimilar.

Under Section 5(4)(a), however, he found the opponents’ case based on the use of their mark ICE JEANS, successful. The application was refused accordingly.

In his consideration of a preliminary matter the Hearing Officer remarked that the Registry’s form TM7 and the notes for its completion would “tend to give rise to a failure of particularisation.”

Full decision O/257/06 145Kb