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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EASYBED (Trade Mark: Opposition) [2002] UKIntelP o26302 (4 July 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o26302.html
Cite as: [2002] UKIntelP o26302
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EASYBED (Trade Mark: Opposition) [2002] UKIntelP o26302 (4 July 2002)
For the whole decision click here: o26302
Trade mark decision
- BL Number
- O/263/02
- Decision date
- 4 July 2002
- Hearing officer
- Mr S P Rowan
- Mark
- EASYBED
- Classes
- 31
- Applicants
- Barr Recycling
- Opponents
- G.I. Hadfield & Son Limited
- Opposition
- Sections 3(1)(b); 3(1)(c) & 3(1)(d)
Result
Section 3(1)(b): - Opposition failed
Section 3(1)(c): - Opposition failed
Section 3(1)(d): - Opposition failed.
Points Of Interest
- 1. The word EASYBED, is a lexical invention.
Summary
The opponents alleged that EASYBED described the nature of the goods, their kind, intended purpose and characteristics and had become customary in the trade in relation to animal and pet bedding.
The Hearing Officer dealt with the matter first under Section 3(1)(d), and found, on the basis of the evidence before him, that the opponents had failed to demonstrate that the word had become customary in the trade. Under Section 3(1)(c) the Hearing Officer decided that the word EASYBED was a lexical invention, which would not be understood in a purely descriptive sense by the relevant class of persons. He also decided that, in this case, it had not been demonstrated that the mark was devoid of distinctive character; the opposition under Section 3(1)(b) therefore failed too.