Trade mark decision

BL Number

O/044/04

Decision date

16 February 2004

Hearing officer

Mr Geoffrey Hobbs QC

Mark

MEZZANINE

Classes

41, 42

Applicant

Pembertons Group Plc

Opponent

Robin Levy

Opposition

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

Result

Section 3(1)(b): - Not considered.

Section 3(1)(c): - Opposition successful.

Section 3(1)(d): - Opposition successful in respect of Class 42. Failed in respect of Class 41.

Points Of Interest

• 1. See Hearing Officer’s decision dated 14 January 2002 (BL O/012/02).

Summary

This was an appeal from the Hearing Officer’s decision dated 14 January 2002 (BL O/012/02). In his decision the Hearing Officer had found the mark to be descriptive regarding the location of restaurants etc (Class 42) within buildings and had concluded that the mark was open to objection under Section 3(1)(c). On the basis of evidence filed by the opponent the Hearing Officer decided that the mark was open to objection under Section 3(1)(d). Objections not upheld in relation to nightclub services etc (Class 41).

The Appointed Person considered the basis of the Hearing Officer’s decision and was generally satisfied as regards the decision reached. However, he was of the opinion that once the Hearing Officer had concluded that the mark in suit was descriptive of the location of certain services within buildings eg restaurant services, then that objection applied with equal force to other services such as nightclub services and he therefore concluded that the mark was open to objection under Section 3(1)(c) in respect of services in Classes 41 and 42.

The Appointed Person upheld the Hearing Officer’s decision as regards Section 3(1)(d) and, like the Hearing Officer, saw no need to consider Section 3(1)(b).