This site uses cookies to help make it more useful and reliable. Our cookies page explains what they are, which ones we use, and how you can manage or remove them.

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].

Full decision O/151/04 PDF document53Kb