Although it's ordinarily challenging for brand owners to enforce their rights where their trade mark consists of a slogan, GHD had previously provided substantial evidence during the application process that the sign "Good Hair Day, Every Day" had come to be viewed as a trade mark in the eyes of the UK consumer (not solely a promotional/marketing phrase). GHD could therefore use its earlier trade mark for "Good Hair Day, Every Day" covering "shampoos" and "hair conditioners" against a third party's trade mark application for "Good Hair Day" covering the same goods, and secured a win.
In comparing the respective marks, they are obviously similar, and in my view to a high degree. Visually and aurally they correspond in the phrase GOOD HAIR DAY, thus the whole of R&B's applied-for mark is contained in the earlier mark and I also bear in mind that since those three words are at the beginning of the Second Earlier Trade Mark, they may be afforded greater significance in the perception of the average consumer. From a conceptual perspective the marks are also highly similar - both allude to the products sold under the mark being capable of giving the user a "good hair day" – i.e. a day when one's hair looks particularly good – and the Second Earlier Trade Mark simply builds on the same concept to suggest that a "good hair day" can be achieved every day.
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