Trade mark decision

BL Number

O/113/02

Decision date

12 March 2002

Hearing Officer

Mr M Foley

Mark

ISP

Classes

09

Applicant

Windmöller & Hölscher

Opponent

Internet Service Providers Association

Opposition

Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(1)(d) & 3(3)(b)

Result

Section 3(1)(a) - Opposition failed.

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

Section 3(1)(d) - Opposition failed.

Section 3(3)(b) - Opposition failed.

Points Of Interest

• 1. Section 3(3)(b): "If the letters can serve as a description without causing deception, I do not see whey they could not do so as a trade mark."

Summary

The term ISP stands for Internet Service Provider. The Hearing Officer found against the applicants under Sections 3(1)(b) & 3(1)(c), but he allowed it to proceed for an amended specification. He found no objection under Section 3(1)(a), 3(1)(d) or 3(3)(b).

Full decision O/113/02 30Kb