Trade mark decision

BL Number
O/185/02
Decision date
30 April 2002
Hearing Officer
Mr M Knight
Mark
THREE SIX SIX THREE
Classes
29, 30, 31, 39, 42
Applicant
BFS Group Limited
Opponent
Woodward Foodservice Limited
Opposition
Sections 3(1)(b) & 3(1)(c)* * other sections were cited but dropped at the last minute

Result

Section 3(1)(b) - Opposition failed

Section 3(1)(c) - Opposition failed

Points Of Interest

  • 1. ".... the general public do not seek to impart as a matter of course a letter of the alphabet, by reference to an alpha-numeric telephone key pad, to a short numerical string."
  • 2. Costs in respect of wasted work.

Summary

The opposition was based on the fact that the numbers 3663 spell 'food' on a touch tone telephone key pad. To the Hearing Officer, however, it seemed that the numbers and the words on their own were not ones which would be used by themselves to indicate the telephone number of their food supplier or supplier of related services, and they had some distinctive character. Neither did they of themselves indicate anything within the relevant trade which would render them objectionable under Section 3(1)(c). The objections were therefore dismissed. The Hearing Officer made an award of costs which took account of wasted work in respect of the abandoned grounds.

Full decision O/185/02 PDF document22Kb