The examiner had previously refused the application for SMARTER. BOLDER.FASTER.under s41 as not being capable of distinguishing the services as those of the applicant. At the Hearing, the applicant claimed that it had sufficient use of its trade mark to support its application.
The Applicant produced evidence of use of the trade mark before the filing date showing use with other elements, namely:
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However, the delegate decided that the term SMARTER.BOLDER.FASTER. in this configuration is overshadowed by the trade mark CENTURY 21 ® AGENTS. The trade mark on its own was found to not be capable of distinguishing the goods as being those of the applicant.
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