Trade mark decision

BL Number
O/243/98
Decision date
26 November 1998
Hearing Officer
Dr W J Trott
Mark
MINI CLAW
Classes
08
Applicant
Joseph Enterprises Inc
Opponent
Sandholzer International GmbH
Opposition
Sections 3(1)(a), (b), (c) & (d)

Result

Section 3(1)(a) - Opposition failed

Section 3(1)(b) - Opposition successful

Section 3(1)(c) - Opposition successful

Section 3(1)(d) - Opposition failed

Points Of Interest

  • None

Summary

The applicants indicated that they were not seeking rights in the individual elements but only in the combination. In his consideration of the evidence filed and submissions made, the Hearing Officer decided that the mark applied for could be a trade mark such as fell within the definition of 3(1)(a). However, while there may not be widespread use of the term CLAW such as would debar the mark under 3(1)(d) the Hearing Officer concluded that MINI is not distinctive and that CLAW is apt to describe a garden tool with a shape resembling a claw. He therefore, decided that the mark was excluded by the provisions of Section 3(1)(b) and (c) of the Act.

Full decision O/243/98 PDF document30Kb