Trade mark decision

BL Number

O/469/02

Decision date

25 October 2002

Hearing officer

Mr S Thorley QC

Mark

CD CARD

Classes

16

Registered Proprietor/Appellant

Tabak Marketing Limited

Applicants for Declaration of Invalidity/Respondents

Michael Robin Markwell VFM Children's Entertainment Limited

Appeal against the decision of the Registrar’s Hearing Officer in Invalidation Proceedings

Result

Appeal dismissed

Points Of Interest

• Expert witnesses; "the mere fact that somebody has been in the trade for some time does not necessarily equip him or her to assist the Tribunal".

Summary

At first instance (see BL O/172/02 and BL O/173/02) the Hearing Officer had found for the applicants for invalidation in both cases. On appeal to the Appointed Person the registered proprietor contended that the Hearing Officer had mistakenly reversed the onus of proof, and had wrongly assessed the evidence of acquired distinctiveness.

The Appointed Person, having reviewed those aspects of the Hearing Officer’s decision, did not agree. Neither did the Appointed Person detect any error of principle or anything wrong in any of the Hearing Officer’s other findings. The appeal was dismissed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o46902.html