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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> REEDBASE (Trade Mark: Invalidity) [2004] UKIntelP o09904 (13 April 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o09904.html Cite as: [2004] UKIntelP o9904, [2004] UKIntelP o09904 |
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For the whole decision click here: o09904
Result
Application for invalidation citing Section 3(1)(b): - failed.
Application for invalidation citing Section 5(2)(b): - failed.
Application for invalidation citing Section 5(4)(a): - failed.
Points Of Interest
Summary
At the outset, following the hearing of a preliminary point the Hearing Officer refused a request for the filing of further evidence, which had been put forward only 6 days prior to the date of the substantive hearing.
Under Section 3(1)(b), the Hearing Officer rejected the contention that the mark was not inherently distinctive. It was origin specific, not origin neutral and would not be viewed as a surname mark, he found. The Section 3(1)(b) objection failed accordingly.
Under Section 5(2)(b), the applicant alleged a clash between their mark REED, registered in respect of "employment agency services included in Class 35", and the mark in suit REEDBASE, registered in respect of "business and commercial information services; computer based storage and retrieval of business commercial and of advertising information; business research; all included in Class 35". The Hearing Officer found both the services and the marks to be not similar and on a global appreciation he found no likelihood of confusion.
This effectively decided the matter under Section 5(4)(a) also.