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United Kingdom Intellectual Property Office Decisions
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JEAN P. ROGER (Trade Mark: Opposition) [2004] UKIntelP o10804 (5 April 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o10804.html
Cite as:
[2004] UKIntelP o10804
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JEAN P. ROGER (Trade Mark: Opposition) [2004] UKIntelP o10804 (5 April 2004)
For the whole decision click here: o10804
Trade mark decision
- BL Number
- O/108/04
- Decision date
- 5 April 2004
- Hearing officer
- Professor Ruth Annand
- Mark
- JEAN P. ROGER
- Classes
- 33
- Applicants/Appellants
- Dhamecha Foods Limited
- Opponents/Respondents
- Pol Roger & Cie
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in Opposition Proceedings.
Result
Appeal dismissed.
Points Of Interest
-
1. Notional and fair use of the mark; absence of actual confusion not decisive
Summary
At first instance the Hearing Officer had found the opponents successful under Section 5(2)(b), (see BL O/153/02). The applicants appealed against this finding. They contended that the Hearing Officer’s assessment of the manner in which the relevant buying public would perceive the opponent’s mark was inconsistent/wrong; the Hearing Officer had incorrectly applied the ruling of the ECJ in Sabel v Puma and, lastly, that the lack of evidence of confusion had been ignored. The Appointed Person however found these criticisms to be unfounded and the appeal failed.