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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Invalidity) [2002] UKIntelP o11202 (12 March 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o11202.html
Cite as: [2002] UKIntelP o11202
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DEVICE ONLY MARK (Trade Mark: Invalidity) [2002] UKIntelP o11202 (12 March 2002)
For the whole decision click here: o11202
Trade mark decision
- BL Number
- O/112/02
- Decision date
- 12 March 2002
- Hearing officer
- Mr G Salthouse
- Mark
- DEVICE ONLY MARK
- Classes
- 29
- Applicant for Invalidity
- Ferrero SPA
- Registered Proprietor
- Robert Wiseman & Sons Limited
- Invalidity
- Sections 47(1) & 3(1)(b)
Result
Sections 47(1) & 3(1)(b) - Application for invalidity failed
Points Of Interest
- None
Summary
The applicants application for invalidity was made on a number of grounds under Sections 3 and 5 and both parties filed evidence in the proceedings, and they also referred to other disputes between the parties. In the event the application only proceeded in respect of Section 3(1)(b) on the basis that the registered mark was without distinctive character, so much of the evidence filed was irrelevant.
The applicants principal submission was that the mark at issue was designed to allude to a Friesian cow and not therefore distinctive in relation to milk, in which the registered proprietor traded, from such animals. The Hearing Officer had little difficulty in deciding that the registered mark was sufficiently stylised to act as an indication of origin and thus the application for invalidity failed.