Trade mark decision

BL Number

O/336/00

Decision date

11 September 2000

Hearing officer

Mr G Salthouse

Mark

CABLECO

Classes

09

Applicant

Cableco Duplex Ltd

Opponent

Cable & Wireless Plc

Opposition

Sections 3(1), 3(1)(a) & 3(1)(b)

Result

Sections 1(1) & 3(1)(a) - Opposition failed

Section 3(1)(b) - Opposition successful

Points Of Interest

• None

Summary

The mark was accepted because of distinctiveness acquired through use from 1986. The application was filed in 1997. The opponents submitted that the applicants mark was totally descriptive and that the evidence of use filed in support of the application showed only modest turnover (£500,000 per annum) and little promotion expenditure £25,000 per annum). They also claimed that a number of other firms used this descriptive term in their names and as a descriptive word to describe their activities. The applicants argued that their turnover figures were significant and that advertising was targeted at their customers. Trade evidence filed by both parties was inconclusive though the opponents evidence showed little recognition of the applicants mark.

With regard to Sections 1(1) and 3(1)(a) the Hearing Officer was of the view that the term CableCo was not so descriptive that it could not function as a trade mark. He accepted, however, that the term was very descriptive and that the evidence filed was totally insufficient to show that the mark CableCo had acquired a distinctive character. The opposition therefore succeeded under Section 3(1)(b).

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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o33600.html