Trade mark decision
- BL Number
- O/167/06
- Decision date
- 20 June 2006
- Hearing Officer
- Mr M Reynolds
- Mark
- NEW REG
- Classes
- 20, 35
- Applicant
- New Reg Limited
- Opponent
- Registrations Transfers Ltd
- Opposition
- Sections 3(1)(b); 3(1)(c) & 3(1)(d)
Result
Section 3(1)(c): Opposition successful. Section 3(1)(b): No formal finding. Section 3(1)(d): No formal finding.
Points Of Interest
- Section 3 proviso : acquired distinctiveness.
Summary
After a detailed review of the matter the Hearing Officer concluded that the marks were open to objection in the prima facie case under Section 3(1)(c). The Hearing Officer therefore did not give separate considerations to the matter under Sections 3(1)(b) and 3(1)(c) but went on to consider the claim of acquired distinctiveness as a result of the use made of the mark.
In the result, the Hearing Officer was not persuaded that the use had displaced the natural descriptive meaning of the words.
The objections under Section 3(1)(c) succeeded accordingly.
Full decision O/167/06 
61Kb
