Trade mark decision

BL Number

O/049/00

Decision date

11 February 2000

Appointed Person

Mr Geoffrey Hobbs KC

Mark

DEVICE

Classes

25

Applicant

Ajlan Bin Abdullaziz Al-Ajlan & Brothers Co

Opponent

Al-Masaraat International Trading & Contracting Company Limited

Opposition

Sections 3(1)(a), (b) & (d), 3(3)(a)

Result

Sections 3(1)(a), (b) & (d), 3(3)(a) - Opposition failed.

Points Of Interest

• None

Summary

The Appointed Person considered the evidence which was before the Hearing Officer and noted that it applied to the position in Saudi Arabia and had no relevance to the application for registration in the UK. The Appointed Person noted that in the late 1900's the consequences of using a mark on goods for foreign markets could render it unacceptable for registration in the UK. However, that view no longer applied and it is now the case that when a sign is presented for registration in the UK the only question for consideration is whether it is capable of functioning satisfactorily as a trade mark in the UK.

In relation to the mark at issue here the Appointed Person concluded that the Hearing Officer had been right to consider the opponents evidence as irrelevant and to reject the opposition.

Full decision O/049/00 24Kb