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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ROLCRAFT (Trade Mark: Opposition) [2006] UKIntelP o01106 (10 January 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o01106.html
Cite as: [2006] UKIntelP o01106, [2006] UKIntelP o1106
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ROLCRAFT (Trade Mark: Opposition) [2006] UKIntelP o01106 (10 January 2006)
For the whole decision click here: o01106
Trade mark decision
- BL Number
- O/011/06
- Decision date
- 10 January 2006
- Hearing officer
- Mr Richard Arnold QC
- Mark
- ROLCRAFT
- Classes
- 07, 08
- Applicant
- Rolson Tools Limited
- Opponent
- Rodcraft Pneumatic Tools GmbH & Co KG
- Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in opposition proceedings.
Result
Appeal dismissed.
Points Of Interest
- 1. Comparison of the marks RODCRAFT v ROLCRAFT (see BL O/159/05)
Summary
At first instance (see BL O/159/05) the Hearing Officer had found the opponent successful under Sections 5(2)(b) and 5(4)(a). The applicant appealed, contending that the Hearing Officer had incorrectly assessed the - CRAFT element of the marks; that he was wrong to hold that the Class 7 specifications covered identical goods and finally that the evidence did not support his finding that the opponent had established a goodwill under the RODCRAFT mark at the material date.
The Appointed Person dismissed each of these grounds in turn. In respect of the Class 7 specification point the Appointed Person stated that an error which he had discerned in the Hearing Officer's assessment did not undermine his overall finding. The appeal was dismissed.