Trade mark decision

BL Number

O/146/00

Decision date

27 April 2000

Hearing officer

Mr M Foley

Mark

THE RENNIE MACKINTOSH COLLECTION

Classes

14, 20

Applicant

Carrick Jewellery Ltd

Opponent

Sea Gems Ltd

Opposition

Sections 3(1)(a), (b), (c) & (d); Section 3(3)(b), Section 3(6) and Sections 5(4)(a) & (b)

Result

Section 3(1)(b) & (c) - Opposition succeeded

Section 3(1)(a) & (d) - Opposition failed

Section 3(3)(b) - Opposition failed

Section 3(6) Opposition failed

Section 5(4)(a) & (b) Opposition failed

Points Of Interest

• Other related cases : See SRIS O/144/00, O/147/00 and O/148/00

Summary

The opposition succeeded under Sections 3(1)(b) and (c), the Hearing Officer's reasoning corresponding, so far as the words RENNIE MACKINTOSH in the mark were concerned, with that set forth in respect of a co-pending application (SRIS O/143/00), involving the same parties and the same evidence, though he further found that the additional words failed to make the mark as a whole any more distinctive. The opposition failed on all other grounds, again for the reasons set forth in O/143/00 and in O/145/00 (the latter re: Section 3(6)).

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