Trade mark decision

BL Number: O/105/99
Decision date: 7 April 1999
Hearing Officer: Mr G Salthouse
Mark: COSMETICS
Classes: 25
Applicant: Jumper Limited
Opponent: Next Retail limited
Opposition: Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(3)(b) & 3(4)

Result

Section 3(1)(a) - Opposition failed

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

Section 3(1)(c) - Opposition partially successful

Section 3(3)(b) - Opposition failed

Section 3(4) - Opposition failed

Points Of Interest

None

Summary

The opponents made it clear that their objection to the mark was confined to its possible registration in respect of ‘tights’ and similar goods; for such goods the term was descriptive and in common use in the trade, they said. Reviewing the evidence in support of this claim the Hearing Officer found that the opposition should succeed under Section 3(1)(b) and 3(1)(c). All other grounds were dismissed. The application was permitted to proceed subject to the exclusion of "all articles of hosiery".

Full decision O/105/99 24Kb