Trade mark decision

BL Number

O/108/04

Decision date

5 April 2004

Hearing officer

Professor Ruth Annand

Mark

JEAN P. ROGER

Classes

33

Applicants/Appellants

Dhamecha Foods Limited

Opponents/Respondents

Pol Roger & Cie

Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in Opposition Proceedings.

Result

Appeal dismissed.

Points Of Interest

• 1. Notional and fair use of the mark; absence of actual confusion not decisive

Summary

At first instance the Hearing Officer had found the opponents successful under Section 5(2)(b), (see BL O/153/02). The applicants appealed against this finding. They contended that the Hearing Officer’s assessment of the manner in which the relevant buying public would perceive the opponent’s mark was inconsistent/wrong; the Hearing Officer had incorrectly applied the ruling of the ECJ in Sabel v Puma and, lastly, that the lack of evidence of confusion had been ignored. The Appointed Person however found these criticisms to be unfounded and the appeal failed.

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