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United Kingdom Intellectual Property Office Decisions
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Conde de Lladro (Trade Mark: Opposition) [2006] UKIntelP o02006 (16 January 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o02006.html
Cite as:
[2006] UKIntelP o2006,
[2006] UKIntelP o02006
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Conde de Lladro (Trade Mark: Opposition) [2006] UKIntelP o02006 (16 January 2006)
For the whole decision click here: o02006
Trade mark decision
- BL Number
- O/020/06
- Decision date
- 16 January 2006
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- Conde de Lladro
- Classes
- 33
- Applicant
- Rosa Ma Lladro Castello
- Opponent
- Lladro Comercial SA
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings.
Result
Appeal dismissed. -
-
Points Of Interest
-
1. Section 5(3): "…. the mischief remedied by Section 5(3) can be described metaphorically as 'cross-pollination': use of one is liable to influence the effect of the other on people who have been exposed to the use of both."
Summary
At first instance (see BL O/205/03) the Hearing Officer had found the opposition to have failed under Sections 3(6), 5(3) & 5(4)(a). The opponents appealed, maintaining their opposition under Sections 5(3) & 5(4)(a); the objections under Section 3(6) was not pursued.
Having reviewed the matter, the Appointed Person upheld the Hearing Officer’s decision. The appeal was dismissed.