Trade Mark Inter Partes Decision (O/189/12)

Trade Marks Act 1994
In the matter of application no. 2506134
by Deva Concepts LLC
to register the trade mark:
DEVA
in class 3
and the opposition thereto
under no. 99323
by Salon UK Ltd
BACKGROUND
1. On 09 January 2009, Deva Concepts LLC (the applicant) applied to register the
above trade mark in class 3 of the Nice Classification system 1
as follows:
Class 3
Hair care products; hair care preparations; hair cleaning preparations; hair styling
preparations; hair dressings; hair dressing preparations; shampoo; conditioners; hair
spray; hair gel; hair mousse; hair dyes; hair rinses; hair bleach; hair relaxers; hair
lighteners; hair straightening preparations; hair lotions.
2. Following publication of the application in the Trade Marks Journal on 17 April
2009, Salon UK Ltd (the opponent) filed notice of opposition against the application.
3. The grounds of opposition were brought under sections 5(2)(b), 5(3) and 5(4)(a) of
the Trade Marks Act 1994 (the Act).
4. The opposition is directed against all of the applicant’s goods and is based upon
the trade mark shown below. Under section 5(2)(b) of the Act the opponent relies
upon the goods shown below.
MARK DETAILS AND RELEVANT DATES
TM: 2490720
Mark: divA professional styling
Date of application: 23 June 2008
Date of registration: 3 December 2010
2
GOODS RELIED UPON
Class 03: Preparations for the hair.
Class 08: Apparatus and
instruments for cutting, trimming and
removing hair; non-electric apparatus
and instruments for styling hair;
clippers, scissors, shears, shavers,
razors, cutters, tweezers; apparatus
1
International Classification of Goods and Services for the Purposes of the Registration of Marks under the
Nice Agreement (15 June 1957, as revised and amended).