Trade mark decision

BL Number

O/048/08

Decision date

8 February 2008

Hearing officer

Ms Anna Carboni

Mark

CHORKEE

Classes

16, 25

Applicants/Respondents

Chorkee Ltd

Opponents/Appellants

Cherokee Inc

Opposition

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

Result

Appeal dismissed.

Points Of Interest

• Comparison of the marks; “The distinctiveness of CHEROKEE therefore contributes a degree of dissimilarity from an otherwise neutral comparison of two unusual and apparently invented words”.
• See also BL O/251/07

Summary

At first instance (see BL O/251/07) the Hearing Officer had dismissed the opposition under both Section 5(2)(b) and Section 5(3). The opponents appealed to the Appointed Person, limiting their appeal to his decision in respect of Class 25, and contending that he had erred in not applying the case law and tests (correctly stated by him) to the facts in this case.

A detailed review of the Hearing Officer’s decision, however, led the Appointed Person to the conclusion that whilst he had made “some errors” she agreed with the outcome. The appeal was therefore dismissed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o04808.html