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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> STERISHIELD (Trade Mark: Invalidity) [2007] UKIntelP o27407 (14 September 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o27407.html Cite as: [2007] UKIntelP o27407 |
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For the whole decision click here: o27407
Result
Section 47(1) based on Section 3(1)(c): Appeal dismissed. Section 47(2) based on Section 5(2)(b): Appeal dismissed.
Points Of Interest
Summary
The applicant for invalidation appealed the Hearing Officer’s decision of 5 January 2007 (BL O/006/07) but only in respect of the grounds under Sections 3(1)(c) and 5(2)(b).
With regard to the Section 3(1)(c) ground the applicant claimed that the Hearing Officer had given insufficient weight to the descriptive nature of the elements STERI and SHIELD. However, the Appointed Person reviewed the Hearing Officer’s reasoning and was satisfied that he had taken all the relevant facts into consideration and his decision to dismiss this ground was approved by the Appointed Person.
As regards the ground under Section 5(2)(b) the applicant submitted that the Hearing Officer had artificially dissected the respective marks STERISHIELD and STERISHEEN instead of comparing them overall; that he had failed to apply the interdependency principle and he had given insufficient weight to the identical prefixes when comparing the two marks. After reviewing the evidence before the Hearing Officer and giving full consideration to his decision the Appointed Person decided that the Hearing Officer had taken all the relevant factors into account in reaching his decision and he dismissed the appeal.