17 January, 2014
Spruson

The Procter & Gamble Company a corporation organised and existing under the laws of the State of Ohio, United States of America [2014] ATMO 5

The Procter & Gamble Company a corporation organised and existing under the laws of the State of Ohio, United States of America [2014] ATMO 5

Procter & Gamble filed an application for SWEEPER + VAC for Goods in Class 21.  An adverse report was returned by the initial examiner, raising section 41.  The matter progressed to an ex parte Hearing.

In the delegate’s reasoning, the clear link between SWEEPER + VAC and the goods claimed was sufficient to render it descriptive and no evidence was submitted on the use of the mark so as to demonstrate a capacity to distinguish.

The application was refused. To view the Office decision, click here.


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