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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EPISTAT (Trade Mark: Opposition) [2003] UKIntelP o31203 (16 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o31203.html
Cite as: [2003] UKIntelP o31203
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EPISTAT (Trade Mark: Opposition) [2003] UKIntelP o31203 (16 October 2003)
For the whole decision click here: o31203
Trade mark decision
- BL Number
- O/312/03
- Decision date
- 16 October 2003
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- EPISTAT
- Classes
- 05
- Applicants/Appellants
- Special Products Limited
- Opponents/Respondents
- American Home Products Corporation
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in Opposition Proceedings
Result
Appeal dismissed.
Points Of Interest
- 1. A limitation in the goods to more closely reflect the 'meaning' of the mark was not acceptable because the average consumer "would not normally take time to construe or unpack the meaning of the trade marks which come to their attention in the course of their every day work".
Summary
The applicant contended that at first instance (see BL O/115/03) the Hearing Officer had erred by giving insufficient weight to the differences in the mark, and he had overstated the possible effect of the similarities. He had failed to make his assessment from the perspective of the relevant average consumer.
Having reviewed the matter, however, the Appointed Person upheld the decision of the Hearing Officer.