Trade mark decision

BL Number
O/317/03
Decision date
21 October 2003
Hearing Officer
Mr M Reynolds
Mark
FOUR EYEZ
Classes
05, 09
Applicant
Fashion Wear Services Limited
Opponent
For Eyes Optical Company
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

  • 1. Comparison of the marks FOR EYES v FOUR EYEZ.

Summary

The opposition was based on the opponents’ registrations of FOREYES and device, registered in Classes 9, 35 and 42. The Hearing Officer found that the applicants’ goods specified in Classes 5 and 9 were either identical with or similar to the opponents’ Class 9 goods. It was unnecessary to consider the matter in Classes 35 and 42 as these would not put the opponents into any stronger a position. After assessing the distinctive character of the respective marks and comparing them one with the other, however, the Hearing Officer found no likelihood of confusion. He noted that the goods were likely to be chosen with some care and he found no conceptual similarity save that at a general level both had some reference to spectacles contact lenses or wearers of those items.

Full decision O/317/03 PDF document28Kb