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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FORM ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o43401 (4 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o43401.html
Cite as: [2001] UKIntelP o43401
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FORM ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o43401 (4 October 2001)
For the whole decision click here: o43401
Trade mark decision
- BL Number
- O/434/01
- Decision date
- 4 October 2001
- Hearing officer
- Mr G Rose'Meyer
- Mark
- FORM ONLY MARK
- Classes
- 06
- Applicant
- Dixon International Group Limited
- Opponents
- Hazel Mary Allmand Smith and Peter John Allmond Smith t/a Stormguard Sills
- Opposition
- Sections 3(1)(b) & 3(2)(b)** A number of other grounds were cited but the Hearing Officer made no finding in respect of them.
Result
Section 3(1)(b) - Opposition successful
Section 3(2)(b) - Opposition successful
Points Of Interest
- 1. 3D mark.
- 2. Consideration of 'trade' evidence.
Summary
The Hearing Officer considered first whether the application was barred by the provisions of Section 3(2)(b). He found that the shape was indeed one necessary to obtain a technical result. He went on to consider the matter under Section 3(1)(b) and found that the mark was devoid of distinctive character and the evidence of substantial use did not establish that the mark had acquired a distinctive character. The opposition succeeded therefore on these two grounds and the Hearing Officer did not consider the matter further.