British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> UNMISSABLE (Trade Mark: Opposition) [2002] UKIntelP o48902 (27 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o48902.html
Cite as: [2002] UKIntelP o48902
[New search] [Printable PDF version] [Help]
UNMISSABLE (Trade Mark: Opposition) [2002] UKIntelP o48902 (27 November 2002)
For the whole decision click here: o48902
Trade mark decision
- BL Number
- O/489/02
- Decision date
- 27 November 2002
- Hearing officer
- Mrs A Corbett
- Mark
- UNMISSABLE
- Classes
- 16, 38
- Applicant
- Unmissable Ltd
- Opponent
- IPC Media Ltd
- Opposition
- Sections 3(1)(b); 3(1)(c); 3(1)(d) & 5(2)(b)
Result
Section 3(1)(b) - Opposition successful
Section 3(1)(c) - Opposition successful
Section 3(1)(d) - Opposition failed
Section 5(2)(b) - No formal finding
Points Of Interest
- UNMISSABLE not registrable in the prima facie case under Section 3(1)(b) or 3(1)(c) for printed publications in Class 16 or provision of information via area networks, relating to travel, live events and consumer products.
Summary
The opposition on relative grounds was based on the opponents’ registrations UNMISSABLE TV & UNMISSABLE TV & device in Classes 35 and 41. The Hearing Officer, however made no finding under Section 5(2)(b) because she had already found the mark objectionable under Sections 3(1)(b) and 3(1)(c). There was no evidence to support the objection under Section 3(1)(d). There was no evidence of use and hence the proviso to Section 3(1) could not be invoked.