Decision Nº O/039/17 from Intellectual Property Office - (Trade market), 30 January 2017
| Judge | Mr Phillip Johnson |
| Date | 30 January 2017 |
| Administrative Decision Number | O/039/17 |
| Registration Number | UK00002606437 |
| Court | Intellectual Property Office (United Kingdom) |
O-039-17
IN THE MATTER OF TRADE MARK NUMBERS 2,606,437
AND IN THE MATTER OF AN APPEAL FROM THE DECISION OF GEORGE
SALTHOUSE (O/172/16) DATED 6th APRIL 2016
DECISION
Introduction
1. This is an appeal from the decision of Mr George Salthouse, for the Registrar, dated 6th
April 2016, in which he dismissed the application of Teoxane SA for a declaration of
invalidity in respect of Gianni Giudicianni’s trade mark number 2,606,437. The
application was based on s 5(2)(b) of the Trade Marks Act 1994. Teoxane appeals.
2. The trade mark which is the subject of the application is RA (No 2,606,437) and it is
registered in the name of Gianni Giudicianni in Classes 3 and 44:
Class 3: Preparations for the body, hair, scalp and skin; cosmetics; make-up; preparations for
the colouring, tinting, dyeing, relaxing, bleaching and setting of hair; hair lacquers and
shampoos; hair tonics, hair conditioners; hair sprays, setting lotions, setting foams, permanent
wave solutions and neutralizers; essential oils; toiletries, fragrances
Class 44: Hairdressing services; hairdressing salons; manicuring; massage services.
3. The application was grounded on an earlier trade mark, namely RHA RESILIENT
HYALURONIC ACID, an international trade mark (EU) (No M1,104,083) which is
registered in Classes 3 and 5:
Class 3: Cosmetic products; gels, creams, milks, masks, lotions; moisturizing gels, moisturizing
creams, moisturizing milks, moisturizing masks, moisturizing lotions; preparations for cleaning
the body and the face; preparations for cleaning, polishing and scouring the skin; soap;
perfumery, essential oils, hair lotions, dentifrices.
Class 5: Dermatological and pharmaceutical products injected into or under the skin, into or
under mucous membranes for filling in wrinkles, cutaneous depressions for remodelling,
increasing the volume of the face or any other part of the body, for moisturizing the skin or
mucous membranes, for increasing the volume of the lips.
Approach to appeal
4. It is well established that the appeal to the Appointed Person is by way of review. Only
where the Hearing Officer makes a distinct error of principle or is wrong will his or her
decision be overturned: Reef TM [2002] EWCA Civ 763, [2003] RPC 5. In Talk for
Writing (O/17/17), Daniel Alexander QC, sitting as the Appointed Person, after
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