Trade mark decision

BL Number

O/085/02

Decision date

21 February 2002

Hearing officer

Mr S P Rowan

Mark

ANIMAL

Classes

09, 14, 16

Registered Proprietor

H Young (Operations) Ltd

Applicants for Revocation & Invalidation

Jacques Andre Germain RUC

Consolidated Revocation & Invalidation Proceedings

46(1)(d) & 47(1) (3(1)(a)(b) & (c))

Result

Application for invalidation Section 47(1). - Failed.

Points Of Interest

• 1. "The word ANIMAL on its own is insufficient to describe a characteristic of clothing, footwear, headgear made from material which has an animal print theme."
• 2. Costs: award at upper end of the scale.

Summary

At the hearing the applicants sought to widen the attack under Section 47(1) to include grounds under Sections 3(1)(b) and (c). The Hearing Officer was minded to refuse the request but solely at the instance of the registered proprietor, agreed to this ‘pragmatic’ approach since related opposition proceedings would otherwise call into question the validity of the registration.

The applicants then abandoned their attacks under Sections 3(1)(a) and 46(1)(d).

This left the attacks under Sections 3(1)(b) and (c) as the only remaining bases of the application under Section 47(1).

Reviewing the evidence the Hearing Officer concluded that it did not establish that at the relevant date the word ANIMAL was or was likely to be used to describe a characteristic of the goods; neither could he find that it was devoid of distinctive character. The attack under Sections 3(1)(b) and (c) failed accordingly. He made an award of costs at the “upper end of the scale”, to reflect the amendments of grounds and pleadings.