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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FORM ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o08903 (2 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o08903.html
Cite as: [2003] UKIntelP o8903, [2003] UKIntelP o08903

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FORM ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o08903 (2 April 2003)

For the whole decision click here: o08903

Trade mark decision

BL Number
O/089/03
Decision date
2 April 2003
Hearing officer
Mr M Foley
Mark
FORM ONLY MARK
Classes
01, 03
Applicant
Dalli-Werke Wasche und Korperpflege GmbH & Co Kg
Opponent
Robert McBride Ltd
Oppositions (Consolidated)
Sections 3(1)(b) & 3(1)(c)

Result

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

Section 3(1)(c) - Opposition failed

Points Of Interest

Summary

After a detailed appraisal under Section 3(1)(b), and having taken the Registrar’s current practice re three colour marks into account, the Hearing Officer eventually decided that the marks were indeed devoid of distinctive character. Because this had decided the matter, the Hearing Officer gave a less detailed analysis of the objection under Section 3(1)(c) but he dismissed the opposition under that head.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o08903.html