In 2004, however, the board upheld the 1999 decision. This new decision was all the more remarkable as the case concerned an opposition that had been withdrawn when an agreement was reached between the parties. Amazingly, the board decided to continue the proceedings, addressing whether the subject mark, ‘S380’, was distinctive for class 12 goods. The refusal quickly became a severe headache for legal advisors and trademark prosecutors alike. Suddenly, NIPO had to review its administrative practice.