Trade mark decision

BL Number

O/351/99

Decision date

8 October 1999

Hearing Officer

Mr M Foley

Mark

TCS

Classes

06

Applicants

Louis Berkman Company

Opponents

Eurocom Enterprises Ltd

Opposition

Sections 1(1) and 3(1)(a) Sections 3(1)(b) and (c) Section 3(6)

Result

Sections 1(1), 3(1)(a), (b) and (c) - Application successful.

Section 3(6) - Applicants' claims not substantiated.

Points Of Interest

• See also opposition SRIS O/011/99 involving same mark and same parties.

Summary

Applicants for Invalidity claimed that the letters TCS (the mark) is a known acronym for Terne Coated Steel and provided evidence, including trade evidence, to substantiate their claim. No evidence from registered proprietor. In the light of the applicants evidence the Hearing Officer concluded that the mark is not capable of distinguishing; that it is devoid of distinctive character and that it is used in the relevant trade as a descriptive term. Application for invalidity successful.

Full decision O/351/99 47Kb