Trade mark decision

BL Number

O/333/03

Decision date

4 November 2003

Hearing officer

Mr M Foley

Mark

FORM (SHAPE) ONLY

Classes

01, 03

Applicant

Reckitt Benkiser N.V.

Opponent

Robert McBride Limited

Opposition

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

Result

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

Section 3(1)(c): - No formal finding.

Section 3(1)(d): - No formal finding.

Points Of Interest

• 1. Detergent tablets : 3 colour combinations.

Summary

The Hearing Officer dealt firstly with the opposition under Section 3(1)(b). Having reviewed the evidence and the relevant case law he concluded that there was “nothing sufficiently arresting about the combination of the three colours claimed in this mark, nor anything in the individual and collective features of the mark that persuades me that (it) should be regarded as being capable of distinguishing or denoting trade origin”. The opposition under Section 3(1)(b) succeeded accordingly and the Hearing Officer did not go on to give a detailed consideration of the other grounds.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o33303.html