Trade mark decision

BL Number

O/348/99

Decision date

8 October 1999

Hearing officer

Mr M Foley

Mark

COSMACEUTICAL

Classes

03, 05

Applicants

Universal Products (Lytham) Manufacturing Ltd

Opponents

Bioglan Laboratories Ltd

Opposition

Section 3(1)(a), (b), (c) and (d) Section 3(3)(b) and 3(6)

Result

Section 3(1)(a) (b) and (c) - Opposition failed.

Section 3(1)(d) - Opposition failed. Evidence insufficient to establish that word is generic in the UK.

Section 3(3)(a) - Opposition failed as a result of failure under 3(1).

Section 3(6) - Opposition failed. Claim not established.

Points Of Interest

• 1. Internet extracts showing use on US Web Sites may be insufficient to establish that a word has generic connotations in the UK. Use on UK Web Sites would of course be a different matter.
• 2. See also DERMACEUTICAL O/349/99

Summary

The opponents claimed that the mark is made up of COSME (indicating cosmetics) and CEUTICAL (indicating pharmaceuticals) and that the term is used within the industry to refer to cosmetics with pharmaceutical qualities. The evidence filed by the opponents, which included Internet use, was considered by the Hearing Officer to be insufficient to establish the opponents claims that the term was generic in the UK or that it was sufficiently non-distinctive or descriptive to fall foul of Sections 3(1)(a), (b) (c) and (d).

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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o34899.html