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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HYPA GLUE (Trade Mark: Opposition) [2006] UKIntelP o36706 (14 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o36706.html
Cite as: [2006] UKIntelP o36706
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HYPA GLUE (Trade Mark: Opposition) [2006] UKIntelP o36706 (14 December 2006)
For the whole decision click here: o36706
Trade mark decision
- BL Number
- O/367/06
- Decision date
- 14 December 2006
- Hearing officer
- Mr M Foley
- Mark
- HYPA GLUE
- Classes
- 01, 16
- Applicants
- Bostik Limited
- Opponents
- Henkel Kga A
- Opposition
- Sections 3(1)(b), 3(1)(c) & 3(1)(d) (an objection was also raised under Section 3(1)(a) but as this would stand or fall together with the other objections, the Hearing Officer made no specific finding on it).
Result
Section 3(1)(b): Opposition failed. Section 3(1)(c): Opposition failed. Section 3(1)(d): Opposition failed.
Points Of Interest
- HYPA GLUE : ‘neither descriptive of the goods nor of a characteristic of them’.
Summary
The goods specified in the application were ‘adhesives’. ‘Taken as whole’ the Hearing Officer did not accept that the evidence showed that HYPA GLUE was a sign that had become customary in the trade in relation to the goods applied for.
The Section 3(1)(d) opposition failed.
The Hearing Officer could see no reasons why the words could not fulfil the essential function of a trade mark. The Section 3(1)(c) objection failed also. Neither was it devoid of distinctive character (Section 3(1)(b).
The opposition therefore failed on all grounds.