On March 16, 2009, the Section of Appeals of the State Patent Bureau has dismissed the opposition No. 2148 of the interested person COFINLUXE against the validation of the trademark “BEAUTY CAFE” (Reg. No. 937847) owned by Otkritoe akzionernoe obtchestvo “Faberlic”.

The trademark of the interested person is verbal mark compounded of the word CAFE repeated twice and also the word PURO. All these words are filled with standard capital letters. And the opposed trademark also is a verbal mark compounded of two words BEAUTY and CAFE. The Section of Appeals stated that an average consumer would recognize the phrase “Beauty cafe” as a place where various beauty and wellness services are offered, also a place to obtain cosmetics as well as to have some drinks or appetizers. The word CAFE which is coincident in both trademarks is not sufficient foundation to recognize trademarks as misleadingly similar. Also it should be noted that the location of the word CAFE in the comparable trademarks does not coincide: in the trademark of the interested person this word is in the beginning while in the opposed trademark – at the end. Furthermore, trademarks “CAFE CAFE PURO” and “BEAUTY CAFE” raise different visual impression. Due to the mentioned circumstances trademarks were stated being not similar visually and phonetically.