Trade mark decision

BL Number
O/302/01
Decision date
12 July 2001
Hearing Officer
Mr M Reynolds
Mark
SOFT TOUCH
Classes
26
Applicant
Hawaiian Pomade Co Ltd
Opponent
Beauty Star Limited
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

  • None

Summary

The opponents opposition was based on their ownership and use of the mark SOFTTEX in respect of identical goods. Under Section 5(2)(b) the Hearing Officer concluded that the evidence of use was modest so there was no enhancement of the distinctiveness of the opponents mark. Having compared the respective marks SOFTEX and SOFT TOUCH the Hearing Officer found the marks to be different visually, orally and conceptually and that there was little likelihood of confusion.

With regard to the ground under Section 5(4)(a) - Passing Off - the Hearing Officer noted that the use embraced a wide range of goods and thus any reputation would be thinly spread. Even if goodwill was established, the opponents would still fail on this ground because no misrepresentation or damage would arise.

Full decision O/302/01 PDF document18Kb