Trade mark decision

BL Number
O/112/02
Decision date
12 March 2002
Hearing Officer
Mr G Salthouse
Mark
DEVICE ONLY MARK
Classes
29
Applicant for Invalidity
Ferrero SPA
Registered Proprietor
Robert Wiseman & Sons Limited
Invalidity
Sections 47(1) & 3(1)(b)

Result

Sections 47(1) & 3(1)(b) - Application for invalidity failed

Points Of Interest

  • None

Summary

The applicants application for invalidity was made on a number of grounds under Sections 3 and 5 and both parties filed evidence in the proceedings, and they also referred to other disputes between the parties. In the event the application only proceeded in respect of Section 3(1)(b) on the basis that the registered mark was without distinctive character, so much of the evidence filed was irrelevant.

The applicants principal submission was that the mark at issue was designed to allude to a Friesian cow and not therefore distinctive in relation to milk, in which the registered proprietor traded, from such animals. The Hearing Officer had little difficulty in deciding that the registered mark was sufficiently stylised to act as an indication of origin and thus the application for invalidity failed.

Full decision O/112/02 PDF document386Kb