Trade mark decision

BL Number
O/074/98
Decision date
15 May 1998
Hearing Officer
Mr M Reynolds
Mark
ODPO
Classes
17, 19
Applicant
George M Callenders Limited
Opponent
D Anderson & Son Ltd
Opposition
Sections 3(1)(b); 3(1)(c) & 3(1)(d)*

Result

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

Section 3(1)(c): - Opposition successful.

Section 3(1)(d): - Opposition successful.

Points Of Interest

  • 1. Section 5(2)(b) ground dismissed for want of evidence or submissions.

Summary

The Hearing Officer found from the evidence that ODP, meaning Ozone Depletion Potential, was a recognised and commonly used abbreviation indicating a characteristic of, particularly, insulation products, and O equalled zero. He concluded that the mark offened against Sections 3(1)(b), (c) and (d).

The opponents had also raised an objection under Section 5(2), citing their mark ZERO ODP, but he declined to make any finding under this Section; indeed he formally dismissed it.

Full decision O/074/98 PDF document21Kb