Trade mark decision

BL Number
O/009/01
Decision date
8 January 2001
Hearing Officer
Mr M Reynolds
Mark
THE SOURCE
Classes
04, 11, 14, 16, 20, 21, 24, 27
Applicant
Stayfair Ltd
Opponent
Source Group Ltd
Opposition
Sections 1(1); 3(1)(a); 3(1)(b); 3(1)(c); 3(1)(d) & Section 5(2)

Result

Section 1(1) & 3(1)(a) - Opposition failed.

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

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

Section 3(1)(d) - No formal finding.

Section 5(2) - No formal finding.

Points Of Interest

  • 'Source' apt and in common use

Summary

The Hearing Officer found no basis for an objection under Section 1(1) or 3(1). Under Section 3(1)(b) and 3(1)(c), however, the Hearing Officer, considered the word 'source' was apt and in common use in indications of originator or place of origin of goods. The applicants had not provided any evidence which might have activated the proviso in Section 3. Accordingly, the Hearing Officer found the opposition under Sections 3(1)(b) and 3(1)(c) successful. No finding under Sections 3(1)(d) or 5(2) was needed, in the light of the opponents' success under other Sections, and in the absence of a hearing.

Full decision O/009/01 PDF document27Kb