Trade mark decision

BL Number
Decision date
17 February 2000
Hearing Officer
Mr A James
06, 07, 08, 09
European Industrial Services Limited
Black & Decker
Sections 3(1)(a), 3(1)(b) & 3(1)(d)


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

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

Section 3(1)(d) - Opposition failed.

Points Of Interest

  • 1. "The sign PZD has at least as much capricious alteration from the sign PZ as the word WELDMESH has from the generic words ‘welded mesh’."


The opposition was founded in the fact that the letters PZ were commonly used by manufacturers and merchants on screwdrivers and screwdriver bits to indicate that they were suitable for use in connection with a particular type of screw head: (POZIDRIVE). The Hearing Officer found that the mark PZD was not barred from registration by Sections 3(1)(a); it having sufficient ‘capricious variation’ from PZ. Neither was it barred by Section 3(1)(d), since the addition of the letter D resulted in a mark which did not consist exclusively of "signs or indications etc." Under Section 3(1)(b) however the Hearing Officer found that at the time of application the public would see PZD as merely a variant of PZ, when used on screwdrivers or screwdriver bits. For these goods, therefore, the mark was not distinctive. Application was permitted to proceed for a specification which excluded those items.

Full decision O/054/00 PDF document27Kb