Decision Nº O/313/11 from Intellectual Property Office - (Trade market), 31 August 2011
| Judge | Mr Geoffrey Hobbs QC |
| Administrative Decision Number | O/313/11 |
| Registration Number | UK0002449033B |
| Date | 31 August 2011 |
| Court | Intellectual Property Office (United Kingdom) |
O-313-11
IN THE MATTER OF:
TRADE MARK APPLICATION No. 2449033B
IN THE NAME OF NMSI TRADING LIMITED
__________________
DECISION
__________________
1. On 9 March 2007 NMSI Trading Ltd (‘the Applicant’) applied under number
2449033 to register the following sign as a trade mark for use in relation to a wide variety
of goods and services in Classes 3, 4, 8, 9, 12, 14, 16, 18, 21, 24, 25, 28, 29, 30, 31, 32,
33, 39, 41 and 43:
X:\GH\NMSI DECISION.docx
-2-
2. The Registrar objected to the application under Sections 3(1)(b) and 3(1)(c) of the
Trade Marks Act 1994. Section 3(1)(b) prevents registration of ‘trade marks which are
devoid of any distinctive character’. Section 3(1)(c) prevents registration of ‘trade marks
which consist exclusively of signs or indications which may serve, in trade, to designate
the kind, quality, intended purpose, value, geographical origin, the time of production of
goods or of rendering of services, or other characteristics of goods or services’. The
corresponding provisions of the Trade Marks Directive (Directive 2008/95/EC of 22
October 2008) and the Community Trade Mark Regulation (Council Regulation
207/2009/EC of 26 February 2009) are Articles 3(1)(b) and 3(1)(c) and Articles 7(1)(b)
and 7(1)(c) respectively.
3. Initially the Registrar maintained that registration of the sign shown above should
be refused under these provisions in relation to all of the goods and services listed in the
application. However, the objection was subsequently reconsidered and thereafter
maintained only in respect of the following goods, which were (so as not to delay
acceptance of the remainder of the application) allocated to divisional application number
2449033B:
audio, video and data recordings; records, tapes, cassettes,
DVDs, CDs; magnetic data media; electronic publications;
pre-recorded films and TV programs.
Class 9
printed matter; books; posters; photographs; calendars.
Class 16
toys, games and playthings; model and replica trains and
model railways and accessories.
Class 28
To continue reading
Request your trial