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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FLIPDISK (Trade Mark: Opposition) [2002] UKIntelP o31302 (2 August 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o31302.html
Cite as: [2002] UKIntelP o31302
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FLIPDISK (Trade Mark: Opposition) [2002] UKIntelP o31302 (2 August 2002)
For the whole decision click here: o31302
Trade mark decision
- BL Number
- O/313/02
- Decision date
- 2 August 2002
- Hearing officer
- Mr M Knight
- Mark
- FLIPDISK
- Classes
- 09
- Applicants
- The Mead Corporation.
- Opponents
- .Amacom Technologies Ltd.
- Opposition
- Sections 3(1)(b); 3(1)(c) & 5(4)(a)
Result
Section 3(1)(b): - Opposition failed.
Section 3(1)(c): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- 1. None
Summary
The opposition was based on the non-distinctiveness of the mark and the opponents’ own use of the marks AMACOM FLIPDISK and FLIPDISK.
The Hearing Officer found that the mark FLIPDISK did not offend against the provisions of Sections 3(1)(b) or 3(1)(c), and "even if it did, it satisfied the proviso to Section 3 on the basis of acquired distinctiveness".
Turning to the matter under Section 5(4)(a), the Hearing Officer found from the evidence that the opponents had no use prior to the relevant date and hence no reputation. That ground was dismissed.