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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 3D SHAPE (Trade Mark: Opposition) [2000] UKIntelP o06500 (23 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o06500.html
Cite as: [2000] UKIntelP o06500, [2000] UKIntelP o6500
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3D SHAPE (Trade Mark: Opposition) [2000] UKIntelP o06500 (23 February 2000)
For the whole decision click here: o06500
Trade mark decision
- BL Number
- O/065/00
- Decision date
- 23 February 2000
- Hearing officer
- Mr G Salthouse
- Mark
- 3D SHAPE
- Classes
- 29
- Applicants
- KLP Limited
- Opponents
- MD Foods AMBA
- Opposition
- Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(2)(c); 3(3)(a); 3(3)(b) and 3(4)
Result
Section 3(1)(a) - Opposition failed
Section 3(1)(b) - Opposition successful
Section 3(1)(c) - Opposition successful
Section 3(2)(c) - Opposition failed
Section 3(3)(a) - Opposition failed
Section 3(3)(b) - Opposition failed
Section 3(4) - Opposition failed
Points Of Interest
- None
Summary
The opponents offered no evidence as to why the mark could not function as a trade mark; the Hearing Officer could not say now that the applicants would never be able to educate the public to regard the mark as a trade mark denoting only their goods or services. The opposition under Section 3(1)(a) failed accordingly.
In the light of the evidence the Hearing Officer accepted that the shape alluded to a characteristic of the goods and hence, prima facie, was not distinctive. The opposition under Sections 3(1)(b) and 3(1)(c) succeeded therefore.
The shape did not give the goods their substantive value; Section 3(2)(c) opposition failed.
The opposition under Sections 3(3) and 3(4) also failed.