For the whole decision click here: o10599
Result
Section 3(1)(a) - Opposition failed
Section 3(1)(a) - Opposition failed
Section 3(1)(b) - Opposition partially successful
Section 3(1)(b) - Opposition partially successful
Section 3(1)(c) - Opposition partially successful
Section 3(1)(c) - Opposition partially successful
Section 3(3)(b) - Opposition failed
Section 3(3)(b) - Opposition failed
Section 3(4) - Opposition failed
Section 3(4) - Opposition failed
Points Of Interest
Summary
The opponents made it clear that their objection to the mark was confined to its possible registration in respect of ‘tights’ and similar goods; for such goods the term was descriptive and in common use in the trade, they said. Reviewing the evidence in support of this claim the Hearing Officer found that the opposition should succeed under Section 3(1)(b) and 3(1)(c). All other grounds were dismissed. The application was permitted to proceed subject to the exclusion of "all articles of hosiery".