Trade mark decision

BL Number

O/140/08

Decision date

19 May 2008

Hearing officer

Ms Anna Carboni

Mark

CAS

Classes

18, 25

Applicants/Respondent

Carol Anne Gwynne

Opponent/Appellant

Grotto S.P.A.

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 marks, GAS v CAS: “Whatever my own decisions on similarity of marks might have been, I can find no error of principle in the Hearing Officer’s approach”.
• See also BL O/341/07

Summary

At first instance (see BL O/341/07) the Hearing Officer had found no likelihood of confusion, the marks being dissimilar. The opponent appealed to the Appointed Person, contending that the Hearing Officer’s assessment of the similarity/dissimilarity of the marks was wrong.

Having reviewed the Hearing Officer’s decision, however, the Appointed Person, whilst conceding that other Hearing Officers might have found the marks to be similar (herself included) she could find no actual error of principle. She therefore left his decision in place and dismissed the appeal.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o14008.html