BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FLIPDISK (Trade Mark: Opposition) [2002] UKIntelP o31302 (2 August 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o31302.html Cite as: [2002] UKIntelP o31302 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o31302
Result
Section 3(1)(b): - Opposition failed.
Section 3(1)(c): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opposition was based on the non-distinctiveness of the mark and the opponents’ own use of the marks AMACOM FLIPDISK and FLIPDISK.
The Hearing Officer found that the mark FLIPDISK did not offend against the provisions of Sections 3(1)(b) or 3(1)(c), and "even if it did, it satisfied the proviso to Section 3 on the basis of acquired distinctiveness".
Turning to the matter under Section 5(4)(a), the Hearing Officer found from the evidence that the opponents had no use prior to the relevant date and hence no reputation. That ground was dismissed.
