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United Kingdom Intellectual Property Office Decisions
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HOMEWORK HELPERS (Trade Mark: Opposition) [1998] UKIntelP o19298 (6 October 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o19298.html
Cite as:
[1998] UKIntelP o19298
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HOMEWORK HELPERS (Trade Mark: Opposition) [1998] UKIntelP o19298 (6 October 1998)
For the whole decision click here: o19298
Trade mark decision
- BL Number
- O/192/98
- Decision date
- 6 October 1998
- Hearing officer
- Mr A James
- Mark
- HOMEWORK HELPERS
- Classes
- 09, 16, 41, 42
- Applicant
- Frank Schaffer Publications Inc
- Opponent
- Addison Wesley Longman Limited
- Opposition
- Section 3(1), 3(1)(a), (b) & (c).
Result
Sections 1(1) and 3(1)(a): - Opposition failed.
Section 3(1)(b) & (c): - Opposition successful.
Points Of Interest
-
The opponents made a late application at the hearing to add a new ground (Section 3(6)) to their opposition. The Hearing Officer refused this request for a number of reasons including in particular because the question as to whether or not the mark applied for is descriptive was a cental issue in the opposition.
Summary
The opponents opposition was based on the fact that they had independently adopted the mark HOMEWORK HELPERS which they wished to use in relation to a range of study guides. The applicants had no use prior to application.
Under Sections 1(1) and 3(1)(a) the Hearing Officer decided that the mark applied for was not so descriptive that the public could not be educated to regard the words as a trade mark denoting only the applicants goods or services.
Under Sections 3(1)(b) and (c) the Hearing Officer noted the various dictionary references; the evidence filed and submissions made and concluded that the words Homework Helpers was not a fanciful or unusual combination. It was in fact a natural and apt term to describe the intended purpose of a series of books (or other media) designed to help students with their homework. Opposition therefore succeeded.