Trade mark decision

BL Number

O/403/02

Decision date

11 October 2002

Hearing officer

Dr W J Trott

Mark

EBC

Classes

01, 07, 09, 12

Applicant

Andrew Charles Freeman

Opponent

European Battery Company Limited

Opposition

Sections 1(1); 3(1)(a); 3(1)(b); 3(3)(b); 3(6) & 5(4)(a)

Result

Section 1(1) - Opposition failed.

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

Section 3(1)(b) - Opposition failed.

Section 3(6) - Opposition failed.

Section 5(4)(a) - Opposition partially successful.

Points Of Interest

• 1. Three letter marks.

Summary

The Hearing Officer dismissed the ground under Sections 1(1) and 3(1)(a), and he also noted that a three letter mark was usually acceptable in the prima facie case unless it was otherwise objectionable as a descriptive word or acronym. The opponents had not established that it was. There was no evidence to support the case under Section 3(6).

The Hearing Officer found for the opponents in respect of the goodwill they had established for their mark in respect of ‘batteries’. The application was permitted to proceed subject to appropriate amendment of the specification.

He awarded costs to neither party.

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