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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 >> 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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For the whole decision click here: o36706
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.