Trade mark decision

Grounds

Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Distinctive and dominant components
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Treatment of descriptive / allusive elements
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Importance of first element
Sections 5(1), 5(2) and 5(3) Issues To Do With Goods / Services - Goods v retail services
Sections 5(1), 5(2) and 5(3) Dilution Cases - Reputation
Sections 5(1), 5(2) and 5(3) Dilution Cases - Link
Section 5(4) Earlier Rights - Passing off (Issues arising from Registry proceedings)
Other Issues - Colour issues
Revocation / Proof of Use - Dates - use as a trade mark
Revocation / Proof of Use - Variant forms of marks - use with matter added or subtracted
Revocation / Proof of Use - Variant forms of marks - stylistic / presentation differences
Revocation / Proof of Use - Partial revocation - arriving at a fair description of goods / services

Full decision O/455/16 273Kb