Trade mark – Registration. The applicant's application for registration of two trade marks had been rejected under s 3(1)(b) of the Trade Marks Act 1994 as lacking distinctiveness. The Chancery Division dismissed the appeal. The hearing officer had not applied the wrong test, his findings had not been inconsistent with his findings regarding descriptiveness under s 3(1)(b) and he had clearly set out his reasons for having found that the applicant's evidence had not demonstrated the kind of use that would have caused the marks to acquire distinctiveness.