Trade mark decision

BL Number

O/020/99

Decision date

21 January 1999

Hearing Officer

Mr D Morgan

Mark

NEON

Classes

41

Applicants

Entertainment Online Ltd

Opponents

Emap Metro Limited

Opposition

Sections 3(4), 3(6) [and 32(3)], 5(2) and 5(4)

Result

Section 3(4) relates to absolute grounds (EEC Directive 89/103/ - Article 3(2)(a) cited) - case not made

Section 3(4) relates to absolute grounds (EEC Directive 89/103/ - Article 3(2)(a) cited) - case not made

Section 3(6) - opposition successful

Section 3(6) - opposition successful

Section 5(4) - case not made

Section 5(4) - case not made

Section 5(2) - fails because not earlier trade mark as defined in Section 6

Section 5(2) - fails because not earlier trade mark as defined in Section 6

Points Of Interest

• 1. Wide specifications; bona fide intention; absolute v relative grounds

Summary

E.O.L. applied to register mark NEON in respect of, inter alia, 'on line services'. EML opposition based on the mark NEON used on printed publications. Hearing Officer decided that 'on line services' a vague term requiring some proof if challenged. No response by applicants’ to this challenge, therefore opposition succeeded. (Noted: Registry practice requires clarification).

Full decision O/020/99 16Kb