Trade mark decision

BL Number

O/037/03

Decision date

5 February 2003

Hearing officer

Mr J MacGillivray

Mark

DASHLIGHT

Classes

11

Applicants

Simon Hunt

Opponents

Halfords Limited

Opposition

Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(1)(d) & 3(6)

Result

Section 3(1)(a) - Opposition failed

Section 3(1)(b) - Opposition successful

Section 3(1)(c) - Opposition successful

Section 3(1)(d) - Opposition failed

Section 3(6) - No formal finding

Points Of Interest

• None

Summary

The application was not proceeding on the basis of use; its distinctiveness therefore had to be considered on a prima facie basis.

Under Section 3(1)(b) the Hearing Officer found the marks to be 'origin neutral' and therefore devoid of distinctive character. The opposition also succeeded under Section 3(1)(c). The evidence, however, indicated that the objections under Sections 3(1)(a) and 3(1)(d) could not be sustained. The Hearing Officer saw no need to make a finding under Section 3(6).

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