Trade mark decision

BL Number
O/083/01
Decision date
20 February 2001
Hearing Officer
Dr W J Trott
Mark
BLACK HAIR
Classes
16
Applicant
James Kimber Management Ltd
Opponent
Hawker Consumer Publications Ltd
Opposition
Sections 3(1)(b), 3(1)(c) & 5(4)(a)

Result

Section 3(1)(b) - Opposition succeesful

Section 3(1)(c) - Opposition succeesful

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. Considerations re descriptiveness of the mark

Summary

The Hearing Officer accepted the opponent’s contention that the mark constituted the sort of descriptive statement that other traders would want to use, and consequently fell foul of Section 3(1)(c) and, prima facie, Section 3(1)(b).

The opposition under Section 5(4)(a) failed, however.

Full decision O/083/01 PDF document34Kb