Trade mark decision

BL Number

O/474/01

Decision date

17 October 2001

Appointed Person

Professor Ruth Annand

Mark

ARNOLD

Classes

09

Applicant

Viacom International Inc

Opponent

Nottingham Group Limited

Opposition

Section 46(1)(b)

Result

Sections 46(1)(b) - Revocation successful

Points Of Interest

• This was an appeal from the Hearing Officer's decision dated 2 February 2001 (BL O/058/01)

Summary

The only issue in this appeal to the Appointed Person was whether or not use of the mark NES ARNOLD and device of a bird was use of the mark ARNOLD as registered. The Appointed Person reviewed the evidence filed in the proceedings, the Hearing Officer’s decision issued on 2 February 2001 and submissions made at the hearing to the effect that the mark as used consisted of separate elements and would be recognised as such by the public. Thus the additional elements NES and bird device did not affect the distinctive character of the registered mark ARNOLD. The Appointed Person rejected these arguments and upheld the Hearing Officer’s decision that use of the composite mark did not constitute use of the mark ARNOLD as registered. Appeal failed.

Full decision O/474/01 71Kb