Trade mark decision

BL Number

O/107/08

Decision date

14 April 2008

Hearing officer

Mr Geoffrey Hobbs QC

Mark

EXPOSURE

Classes

14

Applicant./Respondent

Fardeen Ferojkhan Sookun

Opponent/Appellants

Maison Eloga Horlogherie Et Bijouterie Sarl

Opposition

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

Result

Appeal dismissed

Points Of Interest

• Form TM7; “By allowing (Section 56) to be identified as an independent basis of opposition in the Form TM7, the Registry seems to have opened the door to an objection involving the existence of a likelihood of confusion ….. without reference to Sections 5(1) to 5(4) of the Act”.
• See also BL O/305/06

Summary

At first instance (see BL O/305/06) the Hearing Officer had found the opposition to have failed on all the grounds on which it had been brought. The opponents appealed to the Appointed Person, contending, in essence, that the Hearing Officer’s decision was wrong.

The Appointed Person, having reviewed that decision, found that the appeal was clearly unsustainable on a proper application of the established principles governing such appeals.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o10708.html