Trade mark decision
- BL Number
- O/037/03
- Decision date
- 5 February 2003
- Hearing Officer
- Mr J MacGillivray
- Mark
- DASHLIGHT
- Classes
- 11
- Applicants
- Simon Hunt
- Opponents
- Halfords Limited
- Opposition
- Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(1)(d) & 3(6)
Result
Section 3(1)(a) - Opposition failed
Section 3(1)(b) - Opposition successful
Section 3(1)(c) - Opposition successful
Section 3(1)(d) - Opposition failed
Section 3(6) - No formal finding
Points Of Interest
- None
Summary
The application was not proceeding on the basis of use; its distinctiveness therefore had to be considered on a prima facie basis.
Under Section 3(1)(b) the Hearing Officer found the marks to be 'origin neutral' and therefore devoid of distinctive character. The opposition also succeeded under Section 3(1)(c). The evidence, however, indicated that the objections under Sections 3(1)(a) and 3(1)(d) could not be sustained. The Hearing Officer saw no need to make a finding under Section 3(6).
Full decision O/037/03 
32Kb
