Trade mark decision

BL Number

O/333/07

Decision date

9 November 2007

Hearing Officer

Mr M Foley

Mark

SK.4 & Device

Classes

03, 08

Applicants

Simon Grogan

Opponents

The Proctor & Gamble Company

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): Opposition Successful

Points Of Interest

• Comparison of the goods/trade circumstances: notional overlap.

Summary

The opposition was based on the mark SK-II registered in Class 3 in respect of goods (which may be broadly described as ‘toiletries’). The application was proposed for goods for use “in a place of business involving a qualified beauty therapist”. The Hearing Officer found the marks similar and the goods in Class 3 to be identical. There was ‘reasonable similarity’ in the Class 8 goods and a ‘notional’ overlap in the trade circumstances. The opposition succeeded.

Full decision O/333/07 68Kb