Trade mark decision

BL Number
Decision date
14 September 2007
Appointed Person
Professor Ruth Annand
Applicant for Invalidation
Liquid Plastics Limited
Registered Proprietor
Imperial Chemical Industries Ltd
Section 47(1) & (2) based on Sections 3(1)(a)(b) & (c), 5(2)(b) & 5(3)


Section 47(1) based on Section 3(1)(c): Appeal dismissed. Section 47(2) based on Section 5(2)(b): Appeal dismissed.

Points Of Interest

  • See also Hearing Officer’s decision dated 5 January 2007 (BL O/006/07).


The applicant for invalidation appealed the Hearing Officer’s decision of 5 January 2007 (BL O/006/07) but only in respect of the grounds under Sections 3(1)(c) and 5(2)(b).

With regard to the Section 3(1)(c) ground the applicant claimed that the Hearing Officer had given insufficient weight to the descriptive nature of the elements STERI and SHIELD. However, the Appointed Person reviewed the Hearing Officer’s reasoning and was satisfied that he had taken all the relevant facts into consideration and his decision to dismiss this ground was approved by the Appointed Person.

As regards the ground under Section 5(2)(b) the applicant submitted that the Hearing Officer had artificially dissected the respective marks STERISHIELD and STERISHEEN instead of comparing them overall; that he had failed to apply the interdependency principle and he had given insufficient weight to the identical prefixes when comparing the two marks. After reviewing the evidence before the Hearing Officer and giving full consideration to his decision the Appointed Person decided that the Hearing Officer had taken all the relevant factors into account in reaching his decision and he dismissed the appeal.

Full decision O/274/07 PDF document46Kb