Trade mark decision

BL Number
O/255/07
Decision date
3 September 2007
Appointed Person
Ms A Michaels
Mark
HYPER GLUE HYPA GLUE (Two Applications)
Classes
01, 16
Applicant/Respondent
Applicant/Respondent
Opponent/Appellant
Henkel KgaA
Appeal to the Appointed Person against the decision of

Result

Appeal dismissed.

Points Of Interest

  • ‘Hyper’ Synonymous with ‘Super’?
  • See also BL O/367/06 & BL O/368/06

Summary

At first instance (see BL O/367/06 and BL O/368/06), the Hearing Officer had rejected both oppositions brought on grounds under Section 3(1). The opponents appealed to the appointed person on the grounds that the Hearing Officer’s analysis of the evidence was wrong as was his conclusion as to the descriptiveness of the marks. Having reviewed the decision below the Appointed Person dismissed the appeal.

Full decision O/255/07 PDF document51Kb