2Bmagic Trademark Invalidity Decision O/307/26 - Bad Faith and Earlier Trade Mark Grounds
Summary
UKIPO Hearing Officer Miss A Klass issued decision O/307/26 on 9 April 2026 regarding trademark 2Bmagic (Class 03). The decision addressed grounds under Section 3(6) Bad Faith based on knowledge of opponent's use in the UK, and Sections 5(1), 5(2), and 5(3) concerning earlier trade marks with conceptual distinctions. The decision modifies the trademark registration status for the 2Bmagic mark in the beauty/cosmetic product class.
What changed
The UKIPO issued a final decision on trademark challenge O/307/26 regarding the 2Bmagic mark in Class 03. The Hearing Officer evaluated Section 3(6) bad faith allegations concerning knowledge of the opponent's prior use in the UK market, along with earlier trade mark claims under Sections 5(1), 5(2), and 5(3) based on conceptual distinctions. The decision modifies the legal status of the 2Bmagic trademark registration.
Trademark holders and applicants in the cosmetics and beauty products sector should review this decision for implications on bad faith challenges and conceptual similarity assessments. Businesses with UK trademark registrations in Class 03 should verify their filing dates and evidence of use to defend against similar invalidity actions.
What to do next
- Review trademark portfolios for potential similar challenges
- Assess prior art and conceptual distinctions in own marks
Archived snapshot
Apr 14, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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- GOV UK Links : Return to Trade mark decisions search # Trade mark decision
BL Number O/307/26 Decision date 9 April 2026 Hearing Officer Miss A Klass Mark 2Bmagic Classes 03 Grounds
- Section 3(6) Bad Faith - Knowledge of opponent's use in the UK
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Conceptual distinctions Return to Trade mark decisions search
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