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United Kingdom Intellectual Property Office Decisions
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ODPO (Trade Mark: Opposition) [1998] UKIntelP o07498 (15 May 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o07498.html
Cite as:
[1998] UKIntelP o07498,
[1998] UKIntelP o7498
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ODPO (Trade Mark: Opposition) [1998] UKIntelP o07498 (15 May 1998)
For the whole decision click here: o07498
Trade mark decision
- BL Number
- O/074/98
- Decision date
- 15 May 1998
- Hearing officer
- Mr M Reynolds
- Mark
- ODPO
- Classes
- 17, 19
- Applicant
- George M Callenders Limited
- Opponent
- D Anderson & Son Ltd
- Opposition
- Sections 3(1)(b); 3(1)(c) & 3(1)(d)*
Result
Section 3(1)(b): - Opposition successful.
Section 3(1)(c): - Opposition successful.
Section 3(1)(d): - Opposition successful.
Points Of Interest
-
1. Section 5(2)(b) ground dismissed for want of evidence or submissions.
Summary
The Hearing Officer found from the evidence that ODP, meaning Ozone Depletion Potential, was a recognised and commonly used abbreviation indicating a characteristic of, particularly, insulation products, and O equalled zero. He concluded that the mark offened against Sections 3(1)(b), (c) and (d).
The opponents had also raised an objection under Section 5(2), citing their mark ZERO ODP, but he declined to make any finding under this Section; indeed he formally dismissed it.