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United Kingdom Intellectual Property Office Decisions
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CD CARD (Trade Mark: Appointed Person) [2002] UKIntelP o46902 (25 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o46902.html
Cite as:
[2002] UKIntelP o46902
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CD CARD (Trade Mark: Appointed Person) [2002] UKIntelP o46902 (25 October 2002)
For the whole decision click here: o46902
Trade mark decision
- BL Number
- O/469/02
- Decision date
- 25 October 2002
- Hearing officer
- Mr S Thorley QC
- Mark
- CD CARD
- Classes
- 16
- Registered Proprietor/Appellant
- Tabak Marketing Limited
- Applicants for Declaration of Invalidity/Respondents
- Michael Robin Markwell VFM Children's Entertainment Limited
- Appeal against the decision of the Registrar’s Hearing Officer in Invalidation Proceedings
Result
Appeal dismissed
Points Of Interest
-
Expert witnesses; "the mere fact that somebody has been in the trade for some time does not necessarily equip him or her to assist the Tribunal".
Summary
At first instance (see BL O/172/02 and BL O/173/02) the Hearing Officer had found for the applicants for invalidation in both cases. On appeal to the Appointed Person the registered proprietor contended that the Hearing Officer had mistakenly reversed the onus of proof, and had wrongly assessed the evidence of acquired distinctiveness.
The Appointed Person, having reviewed those aspects of the Hearing Officer’s decision, did not agree. Neither did the Appointed Person detect any error of principle or anything wrong in any of the Hearing Officer’s other findings. The appeal was dismissed.