Part B application. Section 15 Purpose of Part B Capable of distinguishing Survey evidence Held Opponents evidence in reply contains further examples of use of the trade mark to support its pleading in the notice of opposition that the trade mark is not capable of distinguishing the applicant's goods. In the interests of the parties and also the public that the Hearings Officer should be in possession of whatever evidence is necessary or desirable to assist in deciding the matter. Objection based on s 14 is superfluous as the application has been transferred to Part B. Trade mark not inherently capable of distinguishing and therefore not prima facie registrable on Part B. Applicant has failed to show that the trade mark, an inherently non-distinctive word, is in fact capable of distinguishing.
Application is refused registration.