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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 >> BRAND PROTECT device of an Elephant (Trade Mark: Opposition) [2006] UKIntelP o36206 (13 December 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o36206.html Cite as: [2006] UKIntelP o36206 |
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For the whole decision click here: o36206
Result
Section 3(1)(a), (b), (c) & (d): Opposition failed.
Points Of Interest
Summary
The opponent submitted that the mark applied for contained descriptive words and that the device element was mere embellishment. Thus the mark in suit should be refused registration.
The Hearing Officer accepted that the words in the mark BRAND PROTECT had descriptive connotations in the light of, and user of the words BRAND PROTECTION, but he noted that the device of an elephant was distinctive for the services at issue and that it is a prominent element in the mark in suit. Overall the Hearing Officer concluded that the mark applied for has distinctive character and therefore acceptable for registration. Opposition failed.
