Trade mark decision

Grounds

Section 3(1) Graphical Representation - Is it a sign?
Section 3(1) Graphical Representation - Is it capable of distinguishing?
Section 3(1) Descriptiveness / Distinctiveness - Devoid of character - word marks
Section 3(1) Descriptiveness / Distinctiveness - Descriptiveness - other characteristic of goods or services
Section 3(1) Descriptiveness / Distinctiveness - Customary in the language etc. - customary in the language
Section 3(1) Descriptiveness / Distinctiveness - Customary in the language etc. - trade name for goods or services
Section 3(1) Descriptiveness / Distinctiveness - Customary in the language etc. - acquired distinctiveness
Section 3(6) Bad Faith - Knowledge of opponent's use in the UK
Section 3(6) Bad Faith - Breach of agreement between the parties
Section 5(4) Earlier Rights - Passing off (Issues arising from Registry proceedings)
Section 5(4) Earlier Rights - Relevant date

Full decision O/390/11 227Kb