Trade mark decision

BL Number

O/489/02

Decision date

27 November 2002

Hearing officer

Mrs A Corbett

Mark

UNMISSABLE

Classes

16, 38

Applicant

Unmissable Ltd

Opponent

IPC Media Ltd

Opposition

Sections 3(1)(b); 3(1)(c); 3(1)(d) & 5(2)(b)

Result

Section 3(1)(b) - Opposition successful

Section 3(1)(c) - Opposition successful

Section 3(1)(d) - Opposition failed

Section 5(2)(b) - No formal finding

Points Of Interest

• UNMISSABLE not registrable in the prima facie case under Section 3(1)(b) or 3(1)(c) for printed publications in Class 16 or provision of information via area networks, relating to travel, live events and consumer products.

Summary

The opposition on relative grounds was based on the opponents’ registrations UNMISSABLE TV & UNMISSABLE TV & device in Classes 35 and 41. The Hearing Officer, however made no finding under Section 5(2)(b) because she had already found the mark objectionable under Sections 3(1)(b) and 3(1)(c). There was no evidence to support the objection under Section 3(1)(d). There was no evidence of use and hence the proviso to Section 3(1) could not be invoked.

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