SUNSMILE - 171850

Administrative Decision Number171850
opponentUNILEVER PLC
1
Decision in Hearing under Section 26
IN THE MATTER OF an application for the registration of Trade Mark No. 171850
and in the matter of an opposition thereto.
THE SUNRIDER CORPORATION Applicant
UNILEVER PLC Opponent
The application
1. On 6 April, 1995, The Sunrider Corporation, a corporation organised and existing
under the laws of the State of Utah, United States of America of 1625 Abalone
Avenue, Torrance, California 90501, United States of America, Manufacturers
and Merchants (trading as Sunrider International) made an application (No.
95/2447) to register the following mark
as a Trade Mark in Part A of the Register in Class 3 in respect of a specification of
goods that was amended in the course of the examination of the application to read
as follows:
Preparations included in Class 3 for the care of the skin, face and body;
articles included in Class 3 for personal and beauty care; perfumes; soaps;
bubble bath; bath and shower gel; moisturizing and cleansing creams,
lotions, gels, scrubs, oils, splashes and balms for use on the body, eyes,
hands and face; body and face powder, make-up brush sets, make-up
sponges, rouge, eyebrow pencils, eyeliner, eyeshadow, lash enhancer
2
mascara, lipstick, lip liner, facial cleansing and moisturizing masks; articles
included in Class 3 for the care and beauty of the hair; shampoo,
conditioner, tonic, creme rinse, styling glaze, styling spray, styling mousse
and styling gel; shaving cream, shaving foam and shaving gel; after shave
lotion; skin cleansing cream and foam; nail enamel; nail lacquer;
sunscreens; body shampoo; cellulite creams, cellulite gels and cellulite
lotions; contour creams, contour gels and contour lotions; anti-perspirants
and deodorants for personal use; articles included in Class 3 for dental use,
toothpastes, mouth washes, whitening gels, lip balms; household cleaning
preparations included in Class 3; dishwasher detergents; cleaning
detergents for clothes; detergents for use in washing dishes and detergents
for use in washing produce, all being goods included in Class 3.
2. The application was accepted for registration in Part A of the Register and
advertised accordingly under No. 171850 in Journal No. 1798 on 30 October,
1996.
3. Notice of Opposition to the registration of the mark pursuant to Section 26 of the
Act was filed on 1 April, 1997 by Unilever PLC, a British Public Limited
Company of Port Sunlight, Wirral, Merseyside, United Kingdom, Manufacturers
and Merchants. The Applicant filed a Counter-Statement on 15 July, 1997 and
evidence was, in due course, filed by the parties under Rules 37, 38 and 39 of the
4. The Opposition became the subject of a Hearing before me, acting for the
Controller, on 20 May, 2004. The parties were notified on 17 November, 2004
that I had decided to dismiss the opposition and to allow the application to
proceed to registration. I now state the grounds of my decision and the materials
used in arriving thereat.
Notice of Opposition
5. In its Notice of Opposition the Opponent itemises a number of facts and grounds
of opposition, which may be summarised as follows:

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