Trade mark decision

BL Number

O/433/02

Decision date

24 September 2002

Hearing officer

Mr S Thorley QC

Mark

PC CLEAR

Classes

32

Applicants/Respondents

Silver Spring Mineral Water Company Limited

Opponents/Appellants

Loblaw Companies Limited

Appeal to the Appointed Person in Opposition Proceedings

Result

Hearing Officer's decision set aside; remitted to the Registrar for a fresh hearing.

Points Of Interest

• "… even if the (Bud) decision was merely declaratory of the existing law, that does not entitle the Hearing Officer to take into account a new legal argument which occurred to him having read the (Bud) judgement."

Summary

At first instance (see BL O/111/02) the Hearing Officer had found for the applicants but in doing so had cited a case (Bud and Budweiser Budbrau Trade Marks [2002] RPC 747) which had appeared after the hearing but prior to his reaching a decision. The opponents appealed, seeking either a re-hearing before the Appointed Person, or that the matter should be remitted to the Registrar for a further hearing before a different Hearing Officer.

Having reviewed the matter the Appointed Person concluded that the Hearing Officer had indeed raised and considered a fresh argument, one which had not been considered or argued at the hearing. He therefore set aside the Hearing Officer's decision and remitted the matter to the Registrar for a fresh hearing before a different Hearing Officer.