Trade mark decision

BL Number
O/276/01
Decision date
27 June 2001
Hearing Officer
Mr M Foley
Mark
BLUE
Classes
42
Applicant
Andrew David Radford & Lisa Radford
Opponent
Allied Domecq Retailing Limited
Opposition
Sections 3(1)(b) & (c), 5(2) & 3(6)

Result

Sections 3(1)(b) & (c) - Opposition failed.

Section 5(2): - Opposition failed.

Section 3(6): - Opposition failed.

Points Of Interest

Summary

The opponents sought to show that the words BLUE and BLUES were widely used in relation to services in the hotel and catering services and provided the results of an internet search together with one from BT’s Yellow Pages. The opponents also claimed that they had selected the mark BLUE BAR CAFÉ since it was relevant to the design of their premises - a blue theme - and emphasised the importance of food and coffee.

Under Sections 3(1)(b) and (c) the Hearing Officer considered the distinctiveness of the applicants mark in relation to catering services and concluded that the mark was capable of distinguishing and that the opponents submissions were fallacious. With regard to the ground of opposition under Section 5(2), this ground had no merit since the opponents own mark was applied for after the date of this application.

Under Section 3(6) the opponents had filed no evidence to support their claim that the applicants did not intend to use the mark in respect of all the services claimed . Ground rejected.

Full decision O/276/01 PDF document18Kb