Trade mark decision

BL Number

O/247/07

Decision date

22 August 2007

Hearing officer

Professor Ruth Annand

Mark

HERITAGE

Classes

31, 33

Applicant

Nisa-Today’s (Holdings) Limited

Opponent

Independent Food Services Ltd

Opposition

Section 5(4)(a)

Result

Section 5(4)(a): Appeal dismissed.

Points Of Interest

• None.

Summary

This was an appeal of the Hearing Officer’s decision dated 16 January 2007 (BL O/022/07). In his decision the Hearing Officer had concluded that the opponent had “just about” established a protectable goodwill at the relevant date and therefore the application should be refused in respect of cider in Class 33.

On appeal the applicant submitted that the Hearing Officer had given undue weight to the opponent’s evidence and that in fact there was insufficient evidence to establish that the opponent had a protectable goodwill at the relevant date.

The Appointed Person carefully reviewed the Hearing Officer’s decision and noted that the had considered all the relevant points and taken full account of the fact that the opponent’s evidence was not as detailed or focused as it should have been. However, he had concluded that at the relevant date the opponent had established a protectable goodwill. The Appointed Person accepted that there was some reservations with regard to the opponent’s evidence but there had been no formal challenge by the applicant and no request to cross-examine the opponent’s witness. In all the circumstances the Appointed Person believed that the Hearing Officer had reached an acceptable decision and he dismissed the appeal.