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Trade mark decision

BL Number
Decision date
1 June 2004
Hearing officer
Mr G Salthouse
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))


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”.


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