Trade mark decision

BL Number: O/562/01
Decision date: 11 December 2001
Hearing Officer: Mr M Foley
Mark: NORDIC
Classes: 20
Applicant for Invalidity: Nordic Timber Council AB
Registered Proprietor: Nordic Saunas Ltd
Invalidity: Sections 3(1)(b), (c) & 5(2)(a)

Result

Sections 3(1)(b) & (c) - Application for invalidity successful

Section 5(2)(a) - Application for invalidity failed

Points Of Interest

See also BL O/257/01

Summary

In earlier proceedings between these parties (BL O/257/01) the Appointed Person had decided that NORDIC was an apt term to describe goods originating from the Nordic countries of Sweden, Norway and Finland and that in the case at issue, building goods in Class 19, it could only be accepted on the basis of acquired distinctiveness. In these proceedings both parties again filed evidence but it was apparent from the registered proprietors evidence that there had been little or no use of the registered mark in relation to the goods at issue.

Under Sections 3(1)(b) and (c) the Hearing Officer noted the decision of the Appointed Person in the earlier proceedings and decided that as no use of this mark had taken place it could not have acquired a distinctive character and thus it was open to objection under Sections 3(1)(b) and (c).

Under Section 5(2)(a) the applicants relied on an earlier registration for the mark NORDIC in Class 19 in respect of a range of wood and timber. The Hearing Officer accepted that beds could be made of wood or at least incorporate wood but after applying the usual tests concluded that the respective goods were not similar. Invalidity thus failed on this ground.

Full decision O/562/01 30Kb