Trade mark decision

BL Number

O/313/02

Decision date

2 August 2002

Hearing Officer

Mr M Knight

Mark

FLIPDISK

Classes

09

Applicants

The Mead Corporation.

Opponents

.Amacom Technologies Ltd.

Opposition

Sections 3(1)(b); 3(1)(c) & 5(4)(a)

Result

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

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

Section 5(4)(a): - Opposition failed.

Points Of Interest

• 1. None

Summary

The opposition was based on the non-distinctiveness of the mark and the opponents’ own use of the marks AMACOM FLIPDISK and FLIPDISK.

The Hearing Officer found that the mark FLIPDISK did not offend against the provisions of Sections 3(1)(b) or 3(1)(c), and "even if it did, it satisfied the proviso to Section 3 on the basis of acquired distinctiveness".

Turning to the matter under Section 5(4)(a), the Hearing Officer found from the evidence that the opponents had no use prior to the relevant date and hence no reputation. That ground was dismissed.

Full decision O/313/02 21Kb