Trade mark decision
- BL Number
- O/246/08
- Decision date
- 22 July 2008
- Appointed Person
- Mr Geoffrey Hobbs KC
- Mark
- MISSHA (stylised) with flower Device & Device of Flower Head (stylised)
- Classes
- 03
- Applicants/Respondents
- Able C & C Co Ltd
- Opponents/Appellants
- Mary Quant Cosmetics Japan Ltd
- Opposition
- Appeals to the Appointed Person against decisions of the Registrar’s Hearing Officer in Opposition Proceedings
Result
Appeals dismissed.
Points Of Interest
- Colour of marks; colour(s) specified v colour(s) unspecified.
Summary
At first instance (see BL O/303/07 and BL O/305/07) the Hearing Officer had found against the opponents in two related oppositions. The opponents appealed under Section 76 claiming, inter alia, that the Hearing Officer had erred in not giving consideration to the effect of possible colour combinations in his assessment of the marks.
However, the Appointed Person, upheld the Hearing Officer’s decisions; in particular he ruled that “……. registration in black-and-white provides protection unrelated to colour. Protection related to colour is the corollary of registration in colour. It is not open to the opponent to claim protection related to colour on the basis of the registration cited …….”
Both appeals were dismissed.
Full decision O/246/08 
105Kb
