Trade mark decision

BL Number

O/176/08

Decision date

24 June 2008

Hearing officer

Ms Anna Carboni

Mark

SK.4 & device

Classes

03, 08

Applicant/Appellant

Simon Grogan

Opponents/Respondents

The Procter & Gamble Company

Opposition

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

Result

Appeal dismissed

Points Of Interest

• 1. Comparison of goods in different classes
• 2. Admission of further evidence on appeal
• 3. See also BL O/333/07

Summary

At first instance (see BL O/333/07) the Hearing Officer had found for the opponents in respect of both the Class 3 goods and the Class 8 goods. The applicant appealed against the finding in respect of Class 8, in view of the great differences between toiletries in Class 3 and machinery in Class 8.

Having reviewed the matter, however, the Appointed Person concluded that the Hearing Officer had made no error of principle and had been entitled to each the conclusion that he did in respect of the Class 8 goods.

The appeal was dismissed.

The Appointed Person had also refused to admit further evidence submitted by the appellant.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o17608.html