Trade mark decision

BL Number

O/453/00

Decision date

5 December 2000

Hearing Officer

Mr M Knight

Mark

FIRO

Classes

16, 41

Applicant

Consulting Psychologist Press Inc

Opponent

Will Schutz Associates Inc

Opposition

Section 3(3)(b); 3(6) & 5(4)(a)

Result

Section 3(3)(b) - Opposition dismissed.

Section 3(6) - Opposition succeeded.

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

Points Of Interest

• Case under Section 3(6) determined by ownership of trade mark rights ''if any''

Summary

It was common ground between the parties that FIRO was an acronym coined by Mr Schutz in the 1950's, standing for "Fundamental Interpersonal Relations Orientation". The dispute was over the present ownership of the intellectual property rights in that term. The Hearing Officer dismissed the Section 3(3)(b) ground as misconceived. The opponents failed to prove their case under Section 5(4)9a). Under Section 3(6), however the Hearing Officer found that any trade mark rights in the term (if there were in fact any such rights) had remained with the opponents. The opposition succeeded on that ground.

Full decision O/453/00 45Kb