Trade mark decision

BL Number

O/178/06

Decision date

7 June 2006

Hearing officer

Mr Richard Arnold QC

Mark

ECOBLOCK

Classes

19

Applicant/Appellant

Aggregate Industries UK Limited

Opponent/Respondent

Cooper Clark Group Limited

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

Result

Appeal dismissed.

Points Of Interest

• Registrar has the power to allow restriction of specification after refusal since an appeal suspends the Hearing Officer’s decision.
• See also BL O/221/05.

Summary

At first instance, see BL O/221/05, the Hearing Officer had upheld the opposition. The applicant appealed to the Appointed Person, contending that the Hearing Officer had erred in his findings under goodwill, misrepresentation and damage.

Having reviewed the Hearing Officer’s decision in the light of the submissions made, however, the Appointed Person detected no error of principle and he upheld the decision.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o17806.html