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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LOCAL PAGES (Trade Mark: Opposition) [2001] UKIntelP o47601 (31 October 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o47601.html Cite as: [2001] UKIntelP o47601 |
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For the whole decision click here: o47601
Result
Sections 3(1)(b) & (c) - Opposition failed
Points Of Interest
Summary
The applicants mark had encountered objections at examination stage and had filed evidence of use to support the application. The opponents claimed that the mark had no capacity to distinguish and that the evidence filed did not assist.
Both parties had filed survey evidence in the proceedings but the Hearing Officer considered it to be of little value and went on to consider whether or not the mark applied for was acceptable in the prima facie. He noted that the mark consisted of two dictionary words which were meaningful in relation to printed matter but considered that the totality was not a normal descriptive term in relation to telephone directories (the goods). The mark was therefore acceptable and the question of acquired distinctiveness (the proviso to Section 3(1)) did not need to be considered.
