For the whole decision click here: o11098
Result
Section 3(1)(b), (c) & (d) - Opposition successful.
Section 5(2)(b) - Not decided.
Points Of Interest
Summary
At the time of filing their opposition, the opponents had an application pending for the mark ZERO ODP in Class 17 for the same goods as those of the applicants, this mark later matured to registration.
The opponents filed evidence by way of the results of a survey to show that in the building industry ODP means "Ozone depletion potential" and "O" means zero in relation to insulating material. From the supporting material the Hearing Officer concluded that products having an ODP required a zero rating in order to comply with national building standards. He also noted the following examples:
Zero Ozone Depletion Potential
ODP = O
Ozone Depletion Potential O
Ozone Depletion Potential (ODP) of Zero
The term ODP is a relative measure
The Hearing Officer believed that the mark as filed would be seen by persons in the trade as a further descriptive way of indicating a product with an ODP of zero. Thus opposition under Section 3(1)(b), (c) and (d) succeeded.
In view of his decision under Section 3 the Hearing Officer declined to consider the ground under Section 5(2)(b).