Trade mark decision

BL Number
O/434/01
Decision date
4 October 2001
Hearing Officer
Mr G Rose'Meyer
Mark
FORM ONLY MARK
Classes
06
Applicant
Dixon International Group Limited
Opponents
Hazel Mary Allmand Smith and Peter John Allmond Smith t/a Stormguard Sills
Opposition
Sections 3(1)(b) & 3(2)(b)** A number of other grounds were cited but the Hearing Officer made no finding in respect of them.

Result

Section 3(1)(b) - Opposition successful

Section 3(2)(b) - Opposition successful

Points Of Interest

  • 1. 3D mark.
  • 2. Consideration of 'trade' evidence.

Summary

The Hearing Officer considered first whether the application was barred by the provisions of Section 3(2)(b). He found that the shape was indeed one necessary to obtain a technical result. He went on to consider the matter under Section 3(1)(b) and found that the mark was devoid of distinctive character and the evidence of substantial use did not establish that the mark had acquired a distinctive character. The opposition succeeded therefore on these two grounds and the Hearing Officer did not consider the matter further.

Full decision O/434/01 PDF document37Kb