UKIPO Partially Refuses Nishane Perfume Mark

The UK Intellectual Property Office has issued a decision in consolidated opposition and revocation proceedings between perfume businesses. Jetharam Nemaram Gehlot opposed protection in the UK of an international registration for the figurative mark NISHANE, filed by NİSHANE İSTANBUL TASARIM ORGANİZASYON TURİZM TİCARET VE SANAYİ ANONİM ŞİRKETİ. The opposition, based on Gehlot’s earlier UK registration for NISHA covering class 3 goods, succeeded under section 5(2)(b) of the Trade Marks Act 1994 in respect of various cosmetics, perfumery and cleaning preparations. Protection was refused for those goods. In the parallel revocation action brought by the Nishane party against the NISHA registration, partial revocation was granted on non-use grounds for some items. The hearing officer assessed the marks as similar overall and the goods as identical or similar, leading to a likelihood of confusion. No costs order was made.

Small businesses should maintain clear evidence of use across all registered classes to defend against revocation challenges.