Trade mark decision

Grounds

Section 3(1) Graphical Representation - Is it a sign?
Section 3(1) Graphical Representation - Is it capable of distinguishing?
Section 3(1) Descriptiveness / Distinctiveness - Descriptiveness - other characteristic of goods or services
Section 3(1) Descriptiveness / Distinctiveness - Customary in the language etc. - customary in the language
Section 3(3) Immoral and Deceptive Marks - Contrary to public policy / accepted principles of morality
Section 3(3) Immoral and Deceptive Marks - Deceptive as to nature, quality etc.
Section 3(4) and Section 3(5) Other Issues - 'Other' law issues
Section 3(6) Bad Faith - Knowledge of opponent's use in the UK
Section 5(4) Earlier Rights - Passing off (Issues arising from Registry proceedings)
Section 5(4) Earlier Rights - Relevant date
Other Issues - Survey evidence
Procedural Issues - Costs – litigants in person, actual, security for
Procedural Issues - Confidentiality
Procedural Issues - Consolidation
Procedural Issues - Further evidence

Full decision O/195/15 341Kb