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United Kingdom Intellectual Property Office Decisions
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FORWOMEN (Trade Mark: Opposition) [2000] UKIntelP o04600 (16 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o04600.html
Cite as:
[2000] UKIntelP o4600,
[2000] UKIntelP o04600
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FORWOMEN (Trade Mark: Opposition) [2000] UKIntelP o04600 (16 February 2000)
For the whole decision click here: o04600
Trade mark decision
- BL Number
- O/046/00
- Decision date
- 16 February 2000
- Hearing officer
- Dr W J Trott
- Mark
- FORWOMEN
- Classes
- 16
- Applicants
- Portland Publishing Limited
- Opponents
- IPC Magazines Limited
- Opposition
- Sections 3(1)(b); 3(1)(c); 3(1)(d) & 3(3)(b)
Result
Section 3(1)(b) - Opposition successful
Section 3(1)(c) - Opposition successful
Section 3(1)(d) - Hearing Officer made no finding
Section 3(3)(b) - Dismissed
Points Of Interest
-
1. The presumption of validity (Section 72) applies only to registered marks; there is no such presumption in respect of application accepted by the Registrar at the examination stage.
-
2. The joining together of well known English words (FORWOMEN) did not provide sufficient &capricious alteration& as to make the mark capable of distinguishing, prima facia.
Summary
The Hearing Officer noted that no evidence or argument had been advanced in support of the ground of objection under Section 3(3)(b); this ground was dismissed. Under Sections 3(1)(b) and 3(1)(c) the Hearing Officer found that the mark did not qualify for registration and the evidence of use filed by the applicants did not establish that the mark had acquired a distinctive character through use.