Decision Nº O/054/00 from Intellectual Property Office - (Trade market), 17 February 2000
| Judge | Mr A James |
| Case Outcome | Section 3(1)(a) - Opposition failed. Section 3(1)(b) - Opposition partially successful. Section 3(1)(d) - Opposition failed. |
| Registration Number | UK00002047589 |
| Administrative Decision Number | O/054/00 |
| Date | 17 February 2000 |
| Court | Intellectual Property Office (United Kingdom) |
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IN THE MATTER OF Application No 2047589
by European Industrial Services Limited
for the registration of a trade mark in Classes
6, 7, 8 & 9
AND IN THE MATTER OF Opposition
thereto under No 47049 by Black & Decker
Background
1. On 3 December 1995, European Industrial Services Limited applied to register the
letters PZ and PZD as a series of two trade marks under the Trade Marks Act 1994.
The goods in respect of which registration is sought are as follows:-
Class 6
Screws, fasteners; screw threaded and drive threaded fasteners;
ironmongery, hardware.
Class 7
Power operated tools, for tightening and releasing threaded fasteners; dyes,
punches all being for use with machine tools; bits; power operated hand tools;
parts and fittings for all the aforesaid goods.
Class 8
Hand tools; hand implements; hand tools and implements for tightening or
releasing threaded fastening fasteners; bits, dyes and punches; parts and
fittings for all the aforesaid goods.
Class 9
Gauges.
2. Following examination the applicant decided to delete the trade mark PZ from its
application. The trade mark PZD was subsequently published for opposition
purposes.
3. On 19 June 1997, Black & Decker filed notice of opposition. The grounds of
opposition (insofar as they were pursued before me) are as follows:-
(i) a number of different manufacturers and merchants of screwdrivers
and screwdriver bits, including the opponents, are known to have used
the sign <PZ' to the extent that it is (and was before the date of
application in suit) a descriptive term referring to a particular form of
cross-head;
(ii) in view of the common use in trade of the sign <PZ' it must be open to
relevant manufacturers to refer, in good faith, to different signs on
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