IPO Trade Mark: Opposition – The application was in respect of ‘Eau de toilette, perfume, deodorant’. The opposition was based on registrations of a number of WITCH marks including WITCH DOCTOR and WITCH STIK.
The Hearing Officer found points of similarity as well as points of difference in the respective sets of goods; (skincare preparations on the one hand and perfumes and deodorants on the other). Overall, he found the goods to be similar and he turned to a comparison of the marks. In the result, he found a likelihood of confusion and the opposition succeeded under both Sections.
Judges:
Mr M Reynolds
Citations:
2392932, [2007] UKIntelP o22507
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
See Also – Witchcraft (Trade Mark: Opposition) IPO 6-Mar-2008
IPO (i) Comparison of the goods; ‘While ‘medicated’ goods within Class 5 are likely to be ones that fall within the definition of ‘medicinal product’ in Section 130 of the Medicines Act 1968, this is not . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 20 October 2022; Ref: scu.456772