Trade mark decision

BL Number

O/357/02

Decision date

28 August 2002

Hearing officer

Mr D Landau

Mark

TAKTYLE

Classes

19

Registered Proprietor

Centurion Europe Limited

Applicants for Declaration of Invalidity

Taktyle International Limited

Application for Invalidation

Section 47(1) (Section 3(1)(b), (c) & (d))

Result

Application for invalidation, Section 47(1) (Section 3(1)(b), (c) and (d)) dismissed.

Points Of Interest

• 1. Phonetic equivalents of objectionable words.
• 2. Relevant public.

Summary

The applicants contended that the mark was phonetically identical with the word ‘tactile’ and hence descriptive of signs for the use of blind people, the items on which the proprietor was using the mark. From the evidence filed the Hearing Officer was in no doubt that ‘tactile’ was meaningful in respect of signs for the visually impaired. However, in the light of the Trade Marks Registry’s practice in relation to the phonetic equivalents, under the Trade Marks Act 1994, the Hearing Officer did not consider that the mark in suit fell into any of the categories of objectionable words identified in the Practice Note. Also, whilst the mark would be indistinguishable from the word ‘tactile’ by the users of the signs, ie the visually impaired, that did not necessarily apply to the buyers of the signs.

In the result, the Hearing Officer found that the mark could, a priori, enable the ‘targeted public’ to distinguish the marked goods or services from those of other undertakings when they came to make a purchasing choice. The application of invalidation was dismissed.