Trade mark decision

BL Number
Decision date
11 December 2001
Hearing Officer
Mr M Foley
Applicant for Invalidity
Nordic Timber Council AB
Registered Proprietor
Nordic Saunas Ltd
Sections 3(1)(b), (c) & 5(2)(a)


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


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 PDF document30Kb