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United Kingdom Intellectual Property Office Decisions
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ARNOLD (Trade Mark: Revocation) [2001] UKIntelP o47401 (17 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o47401.html
Cite as:
[2001] UKIntelP o47401
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ARNOLD (Trade Mark: Revocation) [2001] UKIntelP o47401 (17 October 2001)
For the whole decision click here: o47401
Trade mark decision
- BL Number
- O/474/01
- Decision date
- 17 October 2001
- Hearing officer
- Professor Ruth Annand
- Mark
- ARNOLD
- Classes
- 09
- Applicant
- Viacom International Inc
- Opponent
- Nottingham Group Limited
- Opposition
- Section 46(1)(b)
Result
Sections 46(1)(b) - Revocation successful
Points Of Interest
-
This was an appeal from the Hearing Officer's decision dated 2 February 2001 (BL O/058/01)
Summary
The only issue in this appeal to the Appointed Person was whether or not use of the mark NES ARNOLD and device of a bird was use of the mark ARNOLD as registered. The Appointed Person reviewed the evidence filed in the proceedings, the Hearing Officer’s decision issued on 2 February 2001 and submissions made at the hearing to the effect that the mark as used consisted of separate elements and would be recognised as such by the public. Thus the additional elements NES and bird device did not affect the distinctive character of the registered mark ARNOLD. The Appointed Person rejected these arguments and upheld the Hearing Officer’s decision that use of the composite mark did not constitute use of the mark ARNOLD as registered. Appeal failed.