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United Kingdom Intellectual Property Office Decisions
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BUFFALO CREEK (Trade Mark: Invalidity) [2005] UKIntelP o16905 (17 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o16905.html
Cite as:
[2005] UKIntelP o16905
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BUFFALO CREEK (Trade Mark: Invalidity) [2005] UKIntelP o16905 (17 June 2005)
For the whole decision click here: o16905
Trade mark decision
- BL Number
- O/169/05
- Decision date
- 17 June 2005
- Hearing officer
- Mr Richard Arnold QC
- Mark
- BUFFALO CREEK
- Classes
- 18, 25
- Registered Proprietor
- Terrence Ball
- Applicants for a declaration of invalidity
- Buffalo Boots GmbH
- Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Invalidation Proceedings.
Result
Appeal dismissed.
Points Of Interest
-
1. Comparison of the marks BUFFALO v BUFFALO CREEK; conceptual difference arising from the additional word.
Summary
At first instance (see BL O/353/04) the Hearing Officer had found in favour of the applicant for invalidation. The registered proprietor appealed to the Appointed Person, contending that the Hearing Officer had erred in attaching geographical signification to both BUFFALO and BUFFALO CREEK, and had failed properly to consider the conceptual difference which resulted from the addition of the word CREEK to the word BUFFALO.
Following a detailed review of the Hearing Officer's decision, the Appointed Person upheld it and dismissed the appeal.