Trade mark decision

BL Number

O/290/03

Decision date

24 September 2003

Hearing officer

Mr M Knight

Mark

CLASSIC

Classes

16

Applicant

Curtis Fine Papers Limited

Opponent

Zanders Feinpapiere AG

Opposition

Section 9(1)(c), (d) & (e) of the Trade Marks Act 1938 Section 10 of the Trade Marks Act 1938

Result

Section 9(1)(c), (d) & (e) - Not considered.

Section 10 - Opposition successful.

Points Of Interest

• 1. A 1938 Act case.

Summary

The applicants filed significant evidence of use of their mark CLASSIC and the application was supported by declarations from the Paper Federation of Great Britain (a trade body) and from competitors. On close examination the Hearing Officer noted that in most instances the mark CLASSIC had been used with other trade marks or trade mark devices.

The opponents also filed evidence of use in the form ZANDERS CLASSIC but such use was modest and much of the documentation was dated after the relevant date. They also filed evidence to show that other traders used the word CLASSIC as a descriptor in their brochures etc.

The Hearing Officer noted that as the mark was proceeding in Part B of the Register he had only that ground to consider. He also noted the descriptive and laudatory nature of the mark CLASSIC and drew attention to the comments of High Court Judges when considering earlier applications by parties seeking to register the mark CLASSIC . Taking all the relevant factors into account, including the fact that the applicants did not appear to use CLASSIC solus as a trade mark, the Hearing Officer concluded that the applicants had not established that their mark was capable of distinguishing their paper goods from those of others. Opposition thus succeeded.