Trade mark decision

BL Number

O/185/02

Decision date

30 April 2002

Hearing officer

Mr M Knight

Mark

THREE SIX SIX THREE

Classes

29, 30, 31, 39, 42

Applicant

BFS Group Limited

Opponent

Woodward Foodservice Limited

Opposition

Sections 3(1)(b) & 3(1)(c)* * other sections were cited but dropped at the last minute

Result

Section 3(1)(b) - Opposition failed

Section 3(1)(c) - Opposition failed

Points Of Interest

• 1. ".... the general public do not seek to impart as a matter of course a letter of the alphabet, by reference to an alpha-numeric telephone key pad, to a short numerical string."
• 2. Costs in respect of wasted work.

Summary

The opposition was based on the fact that the numbers 3663 spell 'food' on a touch tone telephone key pad. To the Hearing Officer, however, it seemed that the numbers and the words on their own were not ones which would be used by themselves to indicate the telephone number of their food supplier or supplier of related services, and they had some distinctive character. Neither did they of themselves indicate anything within the relevant trade which would render them objectionable under Section 3(1)(c). The objections were therefore dismissed. The Hearing Officer made an award of costs which took account of wasted work in respect of the abandoned grounds.

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