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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ZERO (Trade Mark: Opposition) [2008] UKIntelP o33308 (19 December 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o33308.html
Cite as: [2008] UKIntelP o33308
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ZERO (Trade Mark: Opposition) [2008] UKIntelP o33308 (19 December 2008)
For the whole decision click here: o33308
Trade mark decision
- BL Number
- O/333/08
- Decision date
- 19 December 2008
- Hearing officer
- Mr M Reynolds
- Mark
- ZERO
- Classes
- 32
- Applicant
- The Coca-Cola Company
- Opponent
- Pepsi Co Inc
- Opposition
- Sections 3(1)(b) and 3(1)(c)
Result
Section 3(1)(b): Opposition successful Section 3(1)(c): Opposition successful
Points Of Interest
- Section 3(1)(b): “minor stylistic embellishment”.
Summary
The opponents claimed that in relation to non-alcoholic drinks etc the word ZERO simply indicated characteristics of the product e.g. zero sugar; zero calories; zero alcohol etc. [The application had been objected to at the examination stage but had been allowed to proceed for a more limited specification]. Having reviewed the matter the Hearing Officer concluded that “it was reasonably foreseeable that zero was apt for use in a descriptive fashion”; and the opposition under Section 3(1)(c) succeeded accordingly.
The “minor stylistic embellishment” in the mark (a “vortex device” in place of the letter ‘O’) did not save it under Section 3(1)(b) and that objection succeeded also.