Trade mark decision

BL Number

O/281/08

Decision date

14 October 2008

Hearing officer

Mr M Foley

Mark

SEO, SE,O SITE BUILDER, SE,O TOURISM SITE BUILDER, SE,O PROPERTY SITE BUILDER, SE,O AUTOMOTIVE SITE BUILDER (series of five trade marks)

Classes

09, 16, 41, 42

Applicants

IT3 Internet Application Solutions Limited

Opponents

Babylon Technologies Ltd

Opposition

Sections 3(1)(a); 3(1)(b); 3(1)(c); 3(1)(d) (Reference is made in the decision of a ground under Section 5(4)(a), which was withdrawn and the Section 3(1)(a) objection was not pursued)

Result

Opposition Sections 3(1)(b) & 3(1)(c); successful, for the most part.

Points Of Interest

• “Where the get-up is commonplace or simply emphasises the descriptiveness of the other element, it is unlikely to provide the mark with a trade mark character.”

Summary

The opposition was based on the fact (generally accepted) that the acronym SEO meant Search Engine Optimisation; the remainder of each marked being purely descriptive.

The Hearing Officer found that the additional element in the marks means that they were not ‘exclusively composed ….” and the Section 3(1)(d) objection was dismissed accordingly.

However, the Sections 3(1)(b) & 3(1)(c) objections were upheld since “search engine optimisation” was specified in all the goods and services in the application, save for “Stationery, wall charts; diaries, notebooks and writing implements” in Class 16. The registration was permitted to proceed in respect of these goods only.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o28108.html