Trade mark decision

BL Number

O/151/04

Decision date

1 June 2004

Hearing officer

Mr G Salthouse

Mark

REED RETAIL INFORMATION

Classes

16, 35

Registered Proprietor

Reed Business Information Limited

Applicants for declaration of Invalidity

Reed Solutions Plc

Application for Invalidation

Section 47(1) (citing Section 3(1)(b)) Section 47(2) (citing Sections 5(2)(b) & 5(4)(a))

Result

Application for invalidation Section 3(1)(b): - Successful

Application for invalidation Section 5(2)(b) & 5(4)(a): - Failed

Points Of Interest

• 1. Evidence of use: “the Registry should be slow to adopt a “rough and ready approach to issues surrounding evidence of use”.
• 2. Surnames.
• 3. “Distinctiveness by proxy”.

Summary

This was one of two closely related actions heard on the same day. The decision in respect of the other is set out in BL O/152/04.

The Hearing Officer’s findings and decisions in this case are the same, mutatis mutandis, as those set out in greater detail in the summary of BL O/152/04, qv.

[Note, however, that an error in this decision BL O/151/02) is corrected in BL O/171/04, a supplementary decision rectifying the apparent conflict between the Hearing Officer’s findings (in paragraph 44) under Section 3(1)(b) and his conclusions set out in paragraph 59].

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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o15104.html