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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TCS (Trade Mark: Invalidity) [1999] UKIntelP o35199 (8 October 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o35199.html
Cite as: [1999] UKIntelP o35199
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TCS (Trade Mark: Invalidity) [1999] UKIntelP o35199 (8 October 1999)
For the whole decision click here: o35199
Trade mark decision
- BL Number
- O/351/99
- Decision date
- 8 October 1999
- Hearing officer
- Mr M Foley
- Mark
- TCS
- Classes
- 06
- Applicants
- Louis Berkman Company
- Opponents
- Eurocom Enterprises Ltd
- Opposition
- Sections 1(1) and 3(1)(a) Sections 3(1)(b) and (c) Section 3(6)
Result
Sections 1(1), 3(1)(a), (b) and (c) - Application successful.
Section 3(6) - Applicants' claims not substantiated.
Points Of Interest
- See also opposition SRIS O/011/99 involving same mark and same parties.
Summary
Applicants for Invalidity claimed that the letters TCS (the mark) is a known acronym for Terne Coated Steel and provided evidence, including trade evidence, to substantiate their claim. No evidence from registered proprietor. In the light of the applicants evidence the Hearing Officer concluded that the mark is not capable of distinguishing; that it is devoid of distinctive character and that it is used in the relevant trade as a descriptive term. Application for invalidity successful.