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United Kingdom Intellectual Property Office Decisions
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FORM ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o08903 (2 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o08903.html
Cite as:
[2003] UKIntelP o08903,
[2003] UKIntelP o8903
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FORM ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o08903 (2 April 2003)
For the whole decision click here: o08903
Trade mark decision
- BL Number
- O/089/03
- Decision date
- 2 April 2003
- Hearing officer
- Mr M Foley
- Mark
- FORM ONLY MARK
- Classes
- 01, 03
- Applicant
- Dalli-Werke Wasche und Korperpflege GmbH & Co Kg
- Opponent
- Robert McBride Ltd
- Oppositions (Consolidated)
- Sections 3(1)(b) & 3(1)(c)
Result
Section 3(1)(b) - Opposition successful.
Section 3(1)(c) - Opposition failed
Points Of Interest
-
1. Three colour marks : Registrar’s practice : evolution as a result of trade practice.
Summary
After a detailed appraisal under Section 3(1)(b), and having taken the Registrar’s current practice re three colour marks into account, the Hearing Officer eventually decided that the marks were indeed devoid of distinctive character. Because this had decided the matter, the Hearing Officer gave a less detailed analysis of the objection under Section 3(1)(c) but he dismissed the opposition under that head.