Trade mark decision

BL Number

O/338/08

Decision date

19 December 2008

Hearing officer

Professor Ruth Annand

Mark

ENTERPRISE IG

Classes

35, 42

Applicant/Respondent

Enterprise IG Ltd

Opponent/Appellant

IG Design SA

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

Result

Appeal dismissed

Points Of Interest

• Bad faith; applicable legal standard against which to test bad faith.

Summary

The appeal was directed solely at the Hearing Officer’s decisions under sections 3(6) and 5(2)(b), and also at the decision in relation to costs. The opponents claimed that the Hearing Officer :- had applied the wrong text of bad faith; had not applied the principle of interdependence in determining the likelihood of confusion; had made a flawed assessment of the similarity of the services; had erred in his comparison of the marks and finally had awarded costs from a scale higher than that pertaining at the commencement of the proceedings, which the applicants had not sought.

In the result the Appointed Person upheld the Hearing Officer’s decision on all points and the appeal was dismissed.

---

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o33808.html