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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 2thBRUSH (Trade Mark: Opposition) [2002] UKIntelP o23302 (6 June 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o23302.html
Cite as: [2002] UKIntelP o23302
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2thBRUSH (Trade Mark: Opposition) [2002] UKIntelP o23302 (6 June 2002)
For the whole decision click here: o23302
Trade mark decision
- BL Number
- O/233/02
- Decision date
- 6 June 2002
- Hearing officer
- Mr M Reynolds
- Mark
- 2thBRUSH
- Classes
- 21
- Applicants
- New Horizons Inc Ltd
- Opponents
- SmithKline Beecham Plc
- Opposition
- Sections 3(1)(a); 3(1)(b); 3(1)(c) & 3(1)(d)
Result
Section 3(1)(a) - Opposition failed.
Section 3(1)(b) - Opposition failed.
Section 3(1)(c) - Opposition failed.
Section 3(1)(d) - Opposition failed.
Points Of Interest
- 1. Phonetic equivalents of descriptive terms
Summary
The opponents confined their attack to certain goods in the applicants’ specification, for which, they alleged, the mark applied for was the phonetic equivalent of a wholly descriptive term, (toothbrush).
Noting that the test under Section 3(1)(a) established a ‘low threshold’ the Hearing Officer dismissed the objection under that head. Neither could he see that the mark applied for consisted exclusively of ‘signs indications ...etc’; the objections under Sections 3(1)(c) and (d) were also dismissed accordingly.
Having examined the matter under Section 3(1)(b) the Hearing Officer eventually concluded that the mark was not devoid of distinctive character. The opposition therefore failed on all grounds.