IPO Sections 1(1) and 3(1)(a): – Opposition failed. Section 3(1)(b): – Opposition successful. Section 3(2)(c): Not considered. The opponent in this case is a German manufacturer of confectionary products including chocolate bars and it claimed to have provided chocolate bars of a similar shape and style from 1990 onwards to a number of UK firms … Continue reading Device Only (Trade Mark: Inter Partes) (O/285/04): IPO 21 Sep 2004

The appellant sought a declaration of invalidity as regards the defendant’s registered mark ‘ESB’. It was claimed to have come to be used as a general designation of certain kinds of beer. Held: The Philips decision appeared to supercede the Bach Flower case insofar as it looked at the interrelationship of the two subsections 1(1) … Continue reading David West Trading As Eastenders v Fuller Smith and Turner Plc: CA 31 Jan 2003