Trade mark decision

BL Number

O/191/00

Decision date

12 June 2000

Hearing Officer

Mr M Foley

Mark

NORDIC

Classes

19

Applicants for Invalidity and Revocation

Nordic Timber Council AB

Registered Proprietor

Nordic Saunas Limited

Revocation & Invalidity

Section 46(1)(b) & Section 47(1) based on Sections 3(1)(b) and 3(1)(c)

Result

Section 47(1) - Declaration of Invalidity partially successful

Section 46(1)(b) - Revocation partially successful

Points Of Interest

• None

Summary

In this case the Hearing Officer considered the essential ground to be under Section 3 - distinctiveness of the mark at issue. The evidence filed by the registered proprietors showed that they had used their NORDIC mark from at least 1965 in respect of saunas and associated goods. On the basis of the evidence before him and dictionary references, the Hearing Officer concluded that NORDIC was descriptive and a geographical name in that it denotes the countries Norway, Sweden, Denmark, Iceland and Finland and, therefore, prima facie it did not satisfy the requirements of Section 3. However, in view of the registered proprietors long use in respect of saunas and associated goods, the mark was distinctive in relation to such goods. He ordered the restriction of the registered proprietors broad specification in Class 19 to the particular goods in respect of which the mark has a reputation.

Full decision O/191/00 24Kb