Trade mark decision

BL Number

O/074/98

Decision date

15 May 1998

Hearing Officer

Mr M Reynolds

Mark

ODPO

Classes

17, 19

Applicant

George M Callenders Limited

Opponent

D Anderson & Son Ltd

Opposition

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

Result

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

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

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

Points Of Interest

• 1. Section 5(2)(b) ground dismissed for want of evidence or submissions.

Summary

The Hearing Officer found from the evidence that ODP, meaning Ozone Depletion Potential, was a recognised and commonly used abbreviation indicating a characteristic of, particularly, insulation products, and O equalled zero. He concluded that the mark offened against Sections 3(1)(b), (c) and (d).

The opponents had also raised an objection under Section 5(2), citing their mark ZERO ODP, but he declined to make any finding under this Section; indeed he formally dismissed it.

Full decision O/074/98 21Kb