Trade mark decision

BL Number: O/010/04
Decision date: 13 January 2004
Hearing Officer: Mr J MacGillivray
Mark: DEVICE ONLY MARK
Classes: 25
Applicant: Secretary of State for Defence in Her Britannic Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland
Opponent: Arcadia Group Brands Ltd
Opposition: Section 3(1)(b)

Result

Section 3(1)(b) - Opposition successful

Points Of Interest

1. Other grounds of opposition were raised at the outset and the opponent sought to add an additional ground under Section 5(1) at the Hearing. This request was refused. In view of his decision under Section 3(1)(b) the Hearing Officer saw no need to consider the other grounds.

Summary

The opponent filed evidence to support their claims that target devices are used by a number of companies as a trade mark in the clothing field. It also has, apparently, significance in relation to "mod" clothing.

The applicants also filed evidence of use of the sign at RAF displays; that the "roundel" is used in relation to the RAF Benevolent Fund and as a corporate logo for the RAF. There was, however, little evidence that such use extended into the clothing field.

The Hearing Officer considered the evidence filed and decided that the "roundel" or "target device" would be associated by the general public with the Mods, the RAF and a variety of suppliers in the context of a decorative motif rather than as indicator of origin. The mark applied for was without distinctive character and opposition succeeded under Section 3(1)(b).

Full decision O/010/04 161Kb