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United Kingdom Intellectual Property Office Decisions
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AUNTIE G’s JOLLY GOOD MEALS / auntie G AUNTIE G’s JOLLY GOOD MEALS / auntie G (Trade Mark: Opposition) [2004] UKIntelP o08304 (20 January 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o08304.html
Cite as:
[2004] UKIntelP o8304,
[2004] UKIntelP o08304
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AUNTIE G’s JOLLY GOOD MEALS / auntie G AUNTIE G’s JOLLY GOOD MEALS / auntie G (Trade Mark: Opposition) [2004] UKIntelP o08304 (20 January 2004)
For the whole decision click here: o08304
Trade mark decision
- BL Number
- O/083/04
- Decision date
- 20 January 2004
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- AUNTIE G’s JOLLY GOOD MEALS / auntie G
- Classes
- 29, 30
- Applicants/Appellants
- Aunty G Limited
- Opponents/Respondents
- Netbiz Limited
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings
Result
Appeals dismissed.
Points Of Interest
-
1. Amendment of specification.
-
2. Classification : "The guiding principle is that in the event of a conflict between the linguistic descriptions and the numerical identification, the linguistic description prevails."
Summary
At first instance (see BL O/094/03 and BL O/095/03)) the Hearing Officer had found against Aunty G Limited (AGL) as applicant in BL O/095/03) and as opponent in BL O/094/03). Aunty G Limited appealed against both the decisions.
The Appointed Person noted that an appeal in one case could not succeed if the appeal in the other case were dismissed.
Aunty G Limited's case had been that Netbiz Limited’s reclassification had been contrary to Section 39(2) and hence their application was invalid.
The Appointed Person having reviewed the terms of the Act and Rules said "The guiding principle is that in the event of a conflict between the linguistic description and the numerical identification, the linguistic description prevails." The Registrar’s determination as to the class within which any particular goods or services fall was final under Section 34(2).
After examining the matter the Appointed Person concluded that the eventual classification on Netbiz Limited’s application reflected the range of goods as originally described. Hence the application was valid; the appeal was dismissed and hence the other appeal could not succeed.