Trade mark decision

BL Number

O/434/01

Decision date

4 October 2001

Hearing officer

Mr G Rose'Meyer

Mark

FORM ONLY MARK

Classes

06

Applicant

Dixon International Group Limited

Opponents

Hazel Mary Allmand Smith and Peter John Allmond Smith t/a Stormguard Sills

Opposition

Sections 3(1)(b) & 3(2)(b)** A number of other grounds were cited but the Hearing Officer made no finding in respect of them.

Result

Section 3(1)(b) - Opposition successful

Section 3(2)(b) - Opposition successful

Points Of Interest

• 1. 3D mark.
• 2. Consideration of 'trade' evidence.

Summary

The Hearing Officer considered first whether the application was barred by the provisions of Section 3(2)(b). He found that the shape was indeed one necessary to obtain a technical result. He went on to consider the matter under Section 3(1)(b) and found that the mark was devoid of distinctive character and the evidence of substantial use did not establish that the mark had acquired a distinctive character. The opposition succeeded therefore on these two grounds and the Hearing Officer did not consider the matter further.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o43401.html