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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 >> DEVICE (Trade Mark: Opposition) [2000] UKIntelP o04900 (11 February 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o04900.html Cite as: [2000] UKIntelP o4900, [2000] UKIntelP o04900 |
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For the whole decision click here: o04900
Result
Sections 3(1)(a), (b) & (d), 3(3)(a) - Opposition failed.
Points Of Interest
Summary
The Appointed Person considered the evidence which was before the Hearing Officer and noted that it applied to the position in Saudi Arabia and had no relevance to the application for registration in the UK. The Appointed Person noted that in the late 1900's the consequences of using a mark on goods for foreign markets could render it unacceptable for registration in the UK. However, that view no longer applied and it is now the case that when a sign is presented for registration in the UK the only question for consideration is whether it is capable of functioning satisfactorily as a trade mark in the UK.
In relation to the mark at issue here the Appointed Person concluded that the Hearing Officer had been right to consider the opponents evidence as irrelevant and to reject the opposition.
