Trade mark decision

BL Number

O/233/02

Decision date

6 June 2002

Hearing Officer

Mr M Reynolds

Mark

2thBRUSH

Classes

21

Applicants

New Horizons Inc Ltd

Opponents

SmithKline Beecham Plc

Opposition

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

Result

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

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

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

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

Points Of Interest

• 1. Phonetic equivalents of descriptive terms

Summary

The opponents confined their attack to certain goods in the applicants’ specification, for which, they alleged, the mark applied for was the phonetic equivalent of a wholly descriptive term, (toothbrush).

Noting that the test under Section 3(1)(a) established a ‘low threshold’ the Hearing Officer dismissed the objection under that head. Neither could he see that the mark applied for consisted exclusively of ‘signs indications ...etc’; the objections under Sections 3(1)(c) and (d) were also dismissed accordingly.

Having examined the matter under Section 3(1)(b) the Hearing Officer eventually concluded that the mark was not devoid of distinctive character. The opposition therefore failed on all grounds.

Full decision O/233/02 19Kb