Trade mark decision

BL Number

O/256/08

Decision date

15 September 2008

Hearing Officer

Mr M Reynolds

Mark

TEASE

Classes

03

Applicant

Unilever Plc

Opponent

Distribrands Cosmetics BV

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): Opposition successful.

Points Of Interest

• None

Summary

The opponent’s opposition was based on its ownership of a registration of the mark TEEZE in Class 3, in respect of identical and similar goods as those of the applicant.

Under Section 5(2)(b) the Hearing Officer compared the respective marks TEASE and TEEZE and concluded that while there are strong visual differences because TEASE is a well known word, the marks are phonetically identical. Also because the mark TEEZE would bring to mind the word TEASE there was a strong likelihood of conceptual identity. The Hearing Officer went on to conclude that there was a likelihood of confusion of the public and that the opposition succeeded.

Full decision O/256/08 30Kb