Trade mark decision

BL Number

O/046/00

Decision date

16 February 2000

Hearing officer

Dr W J Trott

Mark

FORWOMEN

Classes

16

Applicants

Portland Publishing Limited

Opponents

IPC Magazines Limited

Opposition

Sections 3(1)(b); 3(1)(c); 3(1)(d) & 3(3)(b)

Result

Section 3(1)(b) - Opposition successful

Section 3(1)(c) - Opposition successful

Section 3(1)(d) - Hearing Officer made no finding

Section 3(3)(b) - Dismissed

Points Of Interest

• 1. The presumption of validity (Section 72) applies only to registered marks; there is no such presumption in respect of application accepted by the Registrar at the examination stage.
• 2. The joining together of well known English words (FORWOMEN) did not provide sufficient &capricious alteration& as to make the mark capable of distinguishing, prima facia.

Summary

The Hearing Officer noted that no evidence or argument had been advanced in support of the ground of objection under Section 3(3)(b); this ground was dismissed. Under Sections 3(1)(b) and 3(1)(c) the Hearing Officer found that the mark did not qualify for registration and the evidence of use filed by the applicants did not establish that the mark had acquired a distinctive character through use.

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