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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FORM (SHAPE) ONLY (Trade Mark: Opposition) [2003] UKIntelP o33303 (4 November 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o33303.html
Cite as: [2003] UKIntelP o33303
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FORM (SHAPE) ONLY (Trade Mark: Opposition) [2003] UKIntelP o33303 (4 November 2003)
For the whole decision click here: o33303
Trade mark decision
- BL Number
- O/333/03
- Decision date
- 4 November 2003
- Hearing officer
- Mr M Foley
- Mark
- FORM (SHAPE) ONLY
- Classes
- 01, 03
- Applicant
- Reckitt Benkiser N.V.
- Opponent
- Robert McBride Limited
- Opposition
- Sections 3(1)(b); 3(1)(c) & 3(1)(d)
Result
Section 3(1)(b): - Opposition successful.
Section 3(1)(c): - No formal finding.
Section 3(1)(d): - No formal finding.
Points Of Interest
- 1. Detergent tablets : 3 colour combinations.
Summary
The Hearing Officer dealt firstly with the opposition under Section 3(1)(b). Having reviewed the evidence and the relevant case law he concluded that there was “nothing sufficiently arresting about the combination of the three colours claimed in this mark, nor anything in the individual and collective features of the mark that persuades me that (it) should be regarded as being capable of distinguishing or denoting trade origin”. The opposition under Section 3(1)(b) succeeded accordingly and the Hearing Officer did not go on to give a detailed consideration of the other grounds.