06 March, 2014
Spruson

Creative Nail Design, Inc. v Guangzhou Bluesky Chemical Technology Co., Ltd. [2014] ATMO 22

Creative Nail Design, Inc. v Guangzhou Bluesky Chemical Technology Co., Ltd. [2014] ATMO 22

Owner of SHELLAC for nail care preparations opposed applications for the trade marks BLUESKY SHELLAC and iSHELLAC BY BLUESKY, both covering nail polish.

The Hearing Officer found that there would be significant cause for consumers to wonder whether there was some connection in trade between the owners of the SHELLAC trade mark and the opposed applications BLUESKY SHELLAC and iSHELLAC BY BLUESKY.

Because of this wonderment, the trade marks are to be considered deceptively similar and as they also cover the same goods, registration was refused.

To view the Office decision, click here.

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