Trade mark decision

Grounds

Section 3(1) Graphical Representation - Is it a sign?
Section 3(1) Graphical Representation - Is it graphically represented?
Section 3(1) Graphical Representation - Is it capable of distinguishing?
Section 3(1) Descriptiveness / Distinctiveness - Devoid of character - colours / colour combinations
Section 3(1) Descriptiveness / Distinctiveness - Customary in the language etc. - acquired distinctiveness
Section 3(6) Bad Faith - No intention to use
Other Issues - Colour issues
Other Issues - Survey evidence
Procedural Issues - Cross-examination
Procedural Issues - Costs – litigants in person, actual, security for
Procedural Issues - Disclosure

Full decision O/432/11 313Kb