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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CLUB NATION (Trade Mark: Opposition) [2002] UKIntelP o09902 (5 March 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o09902.html
Cite as: [2002] UKIntelP o9902, [2002] UKIntelP o09902

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CLUB NATION (Trade Mark: Opposition) [2002] UKIntelP o09902 (5 March 2002)

For the whole decision click here: o09902

Trade mark decision

BL Number
O/099/02
Decision date
5 March 2002
Hearing officer
Mr M Knight
Mark
CLUB NATION
Classes
09
Applicant
Ministry of Sound Recordings Limited
Opponent
Virgin Records Limited
Opposition
Sections 3(1)(a); 3(1)(b); 3(1)(c) & 3(1)(d)

Result

Section 3(1)(a): - Opposition failed.

Section 3(1)(b): - Opposition successful.

Section 3(1)(c): - Opposition successful.

Section 3(1)(d): - Opposition successful.

Points Of Interest

Summary

The opponents’ case, in essence, was that the marks merely described a type of music and the group at which that music was aimed. The Hearing Officer could not find that the basis for a Section 3(1)(a) objection had been made out and he dismissed that ground. Turning to the remaining grounds the Hearing Officer noted that it was common ground between the parties that the first element in each of the marks in suit was descriptive of a style or genre of music. The questions therefore posed were (a) was the word NATION one which was in common use at the date of application to describe a group of people with shared tastes in music and (b), if the word NATION is descriptive is the whole sign sought to be registered, in each case, one which must be refused registration?

Evidence had been brought forward as to the meaning of the word NATION as used in the music industry. Taking account of the evidence and submissions, the Hearing Officer concluded that within the music industry NATION was indeed a descriptive term.

He went on to find that a descriptive term combined with a generic term produced a normal term for denoting the goods. He therefore found the opposition succeeded under Sections 3(1)(b), (c) and (d).



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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o09902.html