Trade mark decision

BL Number

O/089/03

Decision date

2 April 2003

Hearing Officer

Mr M Foley

Mark

FORM ONLY MARK

Classes

01, 03

Applicant

Dalli-Werke Wasche und Korperpflege GmbH & Co Kg

Opponent

Robert McBride Ltd

Oppositions (Consolidated)

Sections 3(1)(b) & 3(1)(c)

Result

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

Section 3(1)(c) - Opposition failed

Points Of Interest

• 1. Three colour marks : Registrar’s practice : evolution as a result of trade practice.

Summary

After a detailed appraisal under Section 3(1)(b), and having taken the Registrar’s current practice re three colour marks into account, the Hearing Officer eventually decided that the marks were indeed devoid of distinctive character. Because this had decided the matter, the Hearing Officer gave a less detailed analysis of the objection under Section 3(1)(c) but he dismissed the opposition under that head.

Full decision O/089/03 36Kb