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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HYPA GLUE (Trade Mark: Opposition) [2006] UKIntelP o36706 (14 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o36706.html
Cite as: [2006] UKIntelP o36706

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HYPA GLUE (Trade Mark: Opposition) [2006] UKIntelP o36706 (14 December 2006)

For the whole decision click here: o36706

Trade mark decision

BL Number
O/367/06
Decision date
14 December 2006
Hearing officer
Mr M Foley
Mark
HYPA GLUE
Classes
01, 16
Applicants
Bostik Limited
Opponents
Henkel Kga A
Opposition
Sections 3(1)(b), 3(1)(c) & 3(1)(d) (an objection was also raised under Section 3(1)(a) but as this would stand or fall together with the other objections, the Hearing Officer made no specific finding on it).

Result

Section 3(1)(b): Opposition failed. Section 3(1)(c): Opposition failed. Section 3(1)(d): Opposition failed.

Points Of Interest

Summary

The goods specified in the application were ‘adhesives’. ‘Taken as whole’ the Hearing Officer did not accept that the evidence showed that HYPA GLUE was a sign that had become customary in the trade in relation to the goods applied for.

The Section 3(1)(d) opposition failed.

The Hearing Officer could see no reasons why the words could not fulfil the essential function of a trade mark. The Section 3(1)(c) objection failed also. Neither was it devoid of distinctive character (Section 3(1)(b).

The opposition therefore failed on all grounds.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o36706.html