Trade mark decision

BL Number

O/065/00

Decision date

23 February 2000

Hearing Officer

Mr G Salthouse

Mark

3D SHAPE

Classes

29

Applicants

KLP Limited

Opponents

MD Foods AMBA

Opposition

Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(2)(c); 3(3)(a); 3(3)(b) and 3(4)

Result

Section 3(1)(a) - Opposition failed

Section 3(1)(b) - Opposition successful

Section 3(1)(c) - Opposition successful

Section 3(2)(c) - Opposition failed

Section 3(3)(a) - Opposition failed

Section 3(3)(b) - Opposition failed

Section 3(4) - Opposition failed

Points Of Interest

• None

Summary

The opponents offered no evidence as to why the mark could not function as a trade mark; the Hearing Officer could not say now that the applicants would never be able to educate the public to regard the mark as a trade mark denoting only their goods or services. The opposition under Section 3(1)(a) failed accordingly.

In the light of the evidence the Hearing Officer accepted that the shape alluded to a characteristic of the goods and hence, prima facie, was not distinctive. The opposition under Sections 3(1)(b) and 3(1)(c) succeeded therefore.

The shape did not give the goods their substantive value; Section 3(2)(c) opposition failed.

The opposition under Sections 3(3) and 3(4) also failed.

Full decision O/065/00 44Kb