Trade mark decision

BL Number

O/083/04

Decision date

20 January 2004

Hearing officer

Mr Geoffrey Hobbs QC

Mark

AUNTIE G’s JOLLY GOOD MEALS / auntie G

Classes

29, 30

Applicants/Appellants

Aunty G Limited

Opponents/Respondents

Netbiz Limited

Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings

Result

Appeals dismissed.

Points Of Interest

• 1. Amendment of specification.
• 2. Classification : "The guiding principle is that in the event of a conflict between the linguistic descriptions and the numerical identification, the linguistic description prevails."

Summary

At first instance (see BL O/094/03 and BL O/095/03)) the Hearing Officer had found against Aunty G Limited (AGL) as applicant in BL O/095/03) and as opponent in BL O/094/03). Aunty G Limited appealed against both the decisions.

The Appointed Person noted that an appeal in one case could not succeed if the appeal in the other case were dismissed.

Aunty G Limited's case had been that Netbiz Limited’s reclassification had been contrary to Section 39(2) and hence their application was invalid.

The Appointed Person having reviewed the terms of the Act and Rules said "The guiding principle is that in the event of a conflict between the linguistic description and the numerical identification, the linguistic description prevails." The Registrar’s determination as to the class within which any particular goods or services fall was final under Section 34(2).

After examining the matter the Appointed Person concluded that the eventual classification on Netbiz Limited’s application reflected the range of goods as originally described. Hence the application was valid; the appeal was dismissed and hence the other appeal could not succeed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o08304.html