EYES TO MESMERISE Trade Mark Opposition Decision
Summary
The UK Intellectual Property Office issued Decision O/0282/26 regarding an opposition to register the trade mark EYES TO MESMERISE in Class 3. The Hearing Officer, Mrs B Hedley, considered the opposition under Sections 5(1), 5(2), and 5(3) of the Trade Marks Act, examining the distinctive and dominant components of earlier trade marks, treatment of descriptive elements, and visual, aural, and conceptual similarities including imperfect recollection.
What changed
The UKIPO issued its decision on trade mark opposition O/0282/26 concerning the EYES TO MESMERISE mark (Class 3). The opposition was brought under Sections 5(1), 5(2), and 5(3) of the Trade Marks Act 1994, which cover grounds based on earlier trade marks. The Hearing Officer analyzed the distinctiveness and dominant components of earlier marks, assessed how descriptive and allusive elements were treated, and evaluated visual, aural, and conceptual considerations including the standard of imperfect recollection applied by the average consumer.
This is a final administrative decision resolving a specific trademark opposition dispute. The parties to this opposition proceeding should review the full decision (available as PDF O/0282/26) to understand the outcome and any rights or obligations arising from this determination. Any party dissatisfied with this decision may have appeal rights under the Trade Marks Act 1994.
Source document (simplified)
Trade mark decision
BL Number O/0282/26 Decision date 30 March 2026 Hearing Officer Mrs B Hedley Mark EYES TO MESMERISE Classes 03 Grounds
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Distinctive and dominant components
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Treatment of descriptive / allusive elements
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Particular visual / aural / conceptual considerations
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Imperfect recollection **Full decision O/0282/26
281Kb**
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