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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> NORDIC (Trade Mark: Inter Partes) [2000] UKIntelP o19100 (12 June 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o19100.html Cite as: [2000] UKIntelP o19100 |
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For the whole decision click here: o19100
Result
Section 47(1) - Declaration of Invalidity partially successful
Section 46(1)(b) - Revocation partially successful
Points Of Interest
Summary
In this case the Hearing Officer considered the essential ground to be under Section 3 - distinctiveness of the mark at issue. The evidence filed by the registered proprietors showed that they had used their NORDIC mark from at least 1965 in respect of saunas and associated goods. On the basis of the evidence before him and dictionary references, the Hearing Officer concluded that NORDIC was descriptive and a geographical name in that it denotes the countries Norway, Sweden, Denmark, Iceland and Finland and, therefore, prima facie it did not satisfy the requirements of Section 3. However, in view of the registered proprietors long use in respect of saunas and associated goods, the mark was distinctive in relation to such goods. He ordered the restriction of the registered proprietors broad specification in Class 19 to the particular goods in respect of which the mark has a reputation.
