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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 >> NEW REG (Trade Mark: Opposition) [2006] UKIntelP o16706 (20 June 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o16706.html Cite as: [2006] UKIntelP o16706 |
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For the whole decision click here: o16706
Result
Section 3(1)(c): Opposition successful. Section 3(1)(b): No formal finding. Section 3(1)(d): No formal finding.
Points Of Interest
Summary
After a detailed review of the matter the Hearing Officer concluded that the marks were open to objection in the prima facie case under Section 3(1)(c). The Hearing Officer therefore did not give separate considerations to the matter under Sections 3(1)(b) and 3(1)(c) but went on to consider the claim of acquired distinctiveness as a result of the use made of the mark.
In the result, the Hearing Officer was not persuaded that the use had displaced the natural descriptive meaning of the words.
The objections under Section 3(1)(c) succeeded accordingly.
