ZOOM Trade Mark Opposition Decision
Summary
The UK Intellectual Property Office issued Decision BL Number O/0287/26 on 31 March 2026, ruling on an opposition against the ZOOM (Figurative) trade mark application covering Classes 09, 35, and 39. Hearing Officer Ms Leisa Davies considered grounds under Sections 3(1), 3(3), and 5(1)-(3) of the Trade Marks Act 1994, including descriptiveness, deceptive marks, likelihood of confusion with earlier marks, and dilution cases.
What changed
The UKIPO Hearing Officer issued a decision on opposition proceedings concerning the ZOOM (Figurative) trade mark application. The decision addressed multiple grounds including Section 3(1) (devoid of character and descriptiveness), Section 3(3) (deceptive marks), and Sections 5(1)-(3) (earlier trade marks, likelihood of confusion, and dilution). The decision also addressed procedural consolidation issues and considered the state of the register.
Parties to the opposition should review the decision outcome and determine whether to accept the ruling or file an appeal to the Appointed Person or High Court. The decision reference number is BL Number O/0287/26. No compliance deadlines apply as this is a judicial decision rather than a regulatory rule.
What to do next
- Review the decision to determine if the opposition was successful or the mark was refused
- Assess whether to file an appeal to the Appointed Person or High Court within the applicable time limit
- Update trade mark prosecution records to reflect the decision outcome
Source document (simplified)
Trade mark decision
BL Number O/0287/26 Decision date 31 March 2026 Hearing Officer Ms Leisa Davies Mark ZOOM (Figurative) & ZOOM (Figurative – Series of Two) Classes 09, 35, 39 Grounds
- Section 3(1) Descriptiveness / Distinctiveness - Devoid of character - colours / colour combinations
- Section 3(1) Descriptiveness / Distinctiveness - Devoid of character - word marks
- Section 3(1) Descriptiveness / Distinctiveness - Descriptiveness - other characteristic of goods or services
- Section 3(3) Immoral and Deceptive Marks - Deceptive as to nature, quality etc.
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Distinctive and dominant components
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Composite word marks
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Composite word and device marks
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Treatment of descriptive / allusive elements
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Particular visual / aural / conceptual considerations
- Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Family of marks
- Sections 5(1), 5(2) and 5(3) Distinctive Character of Earlier Trade Mark - Any unusual issues
- Sections 5(1), 5(2) and 5(3) Likelihood of Confusion - State of the register
- Sections 5(1), 5(2) and 5(3) Dilution Cases - Reputation
- Procedural Issues - Consolidation
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