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 >>
BRAND PROTECT device of an Elephant (Trade Mark: Opposition) [2006] UKIntelP o36206 (13 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o36206.html
Cite as:
[2006] UKIntelP o36206
[
New search]
[
Printable PDF version]
[
Help]
BRAND PROTECT device of an Elephant (Trade Mark: Opposition) [2006] UKIntelP o36206 (13 December 2006)
For the whole decision click here: o36206
Trade mark decision
- BL Number
- O/362/06
- Decision date
- 13 December 2006
- Hearing officer
- Mr M Foley
- Mark
- BRAND PROTECT & device of an Elephant
- Classes
- 35, 42
- Applicant
- Brand Protect LLP
- Opponent
- Briffa Business Design Centre
- Opposition
- Section 3(1)(a), (b), (c) & (d)
Result
Section 3(1)(a), (b), (c) & (d): Opposition failed.
Points Of Interest
Summary
The opponent submitted that the mark applied for contained descriptive words and that the device element was mere embellishment. Thus the mark in suit should be refused registration.
The Hearing Officer accepted that the words in the mark BRAND PROTECT had descriptive connotations in the light of, and user of the words BRAND PROTECTION, but he noted that the device of an elephant was distinctive for the services at issue and that it is a prominent element in the mark in suit. Overall the Hearing Officer concluded that the mark applied for has distinctive character and therefore acceptable for registration. Opposition failed.