Fronsac applied for Israel TradeMark 205879 for Miss Sexy. Iris Line who have a registered trademark for Miss Sixty, opposed the registration. Both marks are for clothing in the same class, but the list of goods is somewhat different.
Iris Line claimed that their mark is well-known, with sales of over $40,000,000 a year worldwide, and that the word sexy is descriptive and lacks inherent distinctiveness. They also claimed that the proposed mark offended public sensibilities.
The Arbitrator of Intellectual Property, Ms Shoshani Caspi ruled that the opposers had failed to establish that their mark fell into the category of a well-known mark and that the nature of the words sexy and Miss were so lacking in distinctiveness that the combination also was. She also decided that the Israel public would not find the brand Miss Sexy offensive to their sensibilities.
I hope those ladies old enough to be my mother will not be offended by my concurring with Ms Shoshani Caspi that a registration for Miss Sixty is not sufficient grounds to prevent a different applicant from receiving a trademark for Miss Sexy, despite the same class of goods (clothing) and the similar appearance and sound of the two marks.
It seems that for women’s clothing the word Miss is less than distinctive and the meaning of the two words Sixty and Sexy, though in English which is not the first language in Israel, are sufficiently well-known to prevent confusion.