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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THREE SIX SIX THREE (Trade Mark: Opposition) [2002] UKIntelP o18502 (30 April 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o18502.html
Cite as: [2002] UKIntelP o18502
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THREE SIX SIX THREE (Trade Mark: Opposition) [2002] UKIntelP o18502 (30 April 2002)
For the whole decision click here: o18502
Trade mark decision
- BL Number
- O/185/02
- Decision date
- 30 April 2002
- Hearing officer
- Mr M Knight
- Mark
- THREE SIX SIX THREE
- Classes
- 29, 30, 31, 39, 42
- Applicant
- BFS Group Limited
- Opponent
- Woodward Foodservice Limited
- Opposition
- Sections 3(1)(b) & 3(1)(c)* * other sections were cited but dropped at the last minute
Result
Section 3(1)(b) - Opposition failed
Section 3(1)(c) - Opposition failed
Points Of Interest
- 1. ".... the general public do not seek to impart as a matter of course a letter of the alphabet, by reference to an alpha-numeric telephone key pad, to a short numerical string."
- 2. Costs in respect of wasted work.
Summary
The opposition was based on the fact that the numbers 3663 spell 'food' on a touch tone telephone key pad. To the Hearing Officer, however, it seemed that the numbers and the words on their own were not ones which would be used by themselves to indicate the telephone number of their food supplier or supplier of related services, and they had some distinctive character. Neither did they of themselves indicate anything within the relevant trade which would render them objectionable under Section 3(1)(c). The objections were therefore dismissed. The Hearing Officer made an award of costs which took account of wasted work in respect of the abandoned grounds.