Trade mark decision

BL Number: O/002/99
Decision date: 6 January 1999
Hearing Officer: Mr M Knight
Mark: SHAPE (RAZOR)
Classes: 08
Applicants: Philips Electronics NV
Opponents: Remington Consumer Products Ltd
Opposition: Preliminary hearing in respect of:- Res judicata; abuse of process; stay of proceedings.

Result

The matter was not res judicata and not an abuse of process.

Proceedings stayed pending decision of Court of Appeal in related matter (see [1998] RPC 283).

Points Of Interest

(i) res judicata;
(ii) estoppel;
(iii) abuse of process;
(iv) stay of proceedings;
(v) rule 51 of the Trade Marks Rules 1994

Summary

P were applicants for registration of device representing the head of an electric razor. Application was opposed by R under various provisions of Section 3. Meantime P had commenced infringement proceedings against R in relation to earlier similar mark. High Court had found in favour of R, and the matter was now before the Court of Appeal. R therefore contended that the TM application should be refused as res judicata and that continuation of the application was an abuse of process. P, however, sought a stay pending C of A decision.

Full decision O/002/99 46Kb