Trade mark decision

BL Number

O/311/04

Decision date

12 October 2004

Hearing officer

Mr G Salthouse

Mark

FORM (SHAPE) ONLY

Classes

01, 03, 21

Applicant

Henkel KgaA

Opponent

Unilever Plc

Opposition

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

Result

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

Section 3(1)(e): - Opposition failed.

Section 3(1)(d): - Opposition failed.

Section 3(6): - Opposition successful.

Points Of Interest

• 1. 3D marks: colour combinations and shapes not distinctive in the prima facie case.
• 2. Bad faith: intention to use marks: prima facie case established and not adequately answered.

Summary

This was one of two closely related actions involving the same parties and heard on the same day. The other is set out in BL O/309/04).

As in BL O/309/04) the marks involved were three dimensional shapes, essentially washing tablets.

The issues involved were much the same as in BL O/309/04)(q.v). The Hearing Officer applied the same reasoning and reached the same findings, mutatis mutandis, as in the other case.

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