For the whole decision click here: o23798
Result
Section 3(1) - Opposition successful
Section 3(6) - Not pursued
Section 5(4)(a) - Not pursued
Points Of Interest
Summary
The opponents filed evidence to show that the letters ASK are an acronym for attitude, skills and knowledge within the training industry and they are widely used in that field. The applicants filed no response to dispute the opponents’ claims.
Under Section 3(1) the Hearing Officer referred to the Registrar’s practise in dealing with three letter marks which are normally acceptable unless they are objectionable as descriptive, acronymous etc. In this case in view of the usage and meaning of ASK within the training industry the Hearing Officer had no hesitation in reaching the conclusion that this mark should be refused registration.
The grounds under Sections 3(6) and 5(4)(a) were dealt with only briefly since the opponents had filed insufficient evidence and had failed to specify how, in particular, the objection to registration under Section 5(4)(a) was being pursued.