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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ARNOLD (Trade Mark: Revocation) [2001] UKIntelP o47401 (17 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o47401.html
Cite as: [2001] UKIntelP o47401

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ARNOLD (Trade Mark: Revocation) [2001] UKIntelP o47401 (17 October 2001)

For the whole decision click here: o47401

Trade mark decision

BL Number
O/474/01
Decision date
17 October 2001
Hearing officer
Professor Ruth Annand
Mark
ARNOLD
Classes
09
Applicant
Viacom International Inc
Opponent
Nottingham Group Limited
Opposition
Section 46(1)(b)

Result

Sections 46(1)(b) - Revocation successful

Points Of Interest

Summary

The only issue in this appeal to the Appointed Person was whether or not use of the mark NES ARNOLD and device of a bird was use of the mark ARNOLD as registered. The Appointed Person reviewed the evidence filed in the proceedings, the Hearing Officer’s decision issued on 2 February 2001 and submissions made at the hearing to the effect that the mark as used consisted of separate elements and would be recognised as such by the public. Thus the additional elements NES and bird device did not affect the distinctive character of the registered mark ARNOLD. The Appointed Person rejected these arguments and upheld the Hearing Officer’s decision that use of the composite mark did not constitute use of the mark ARNOLD as registered. Appeal failed.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o47401.html