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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CHORKEE (Trade Mark: Opposition) [2008] UKIntelP o04808 (8 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o04808.html
Cite as: [2008] UKIntelP o4808, [2008] UKIntelP o04808
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CHORKEE (Trade Mark: Opposition) [2008] UKIntelP o04808 (8 February 2008)
For the whole decision click here: o04808
Trade mark decision
- BL Number
- O/048/08
- Decision date
- 8 February 2008
- Hearing officer
- Ms Anna Carboni
- Mark
- CHORKEE
- Classes
- 16, 25
- Applicants/Respondents
- Chorkee Ltd
- Opponents/Appellants
- Cherokee Inc
- Opposition
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings
Result
Appeal dismissed.
Points Of Interest
- Comparison of the marks; “The distinctiveness of CHEROKEE therefore contributes a degree of dissimilarity from an otherwise neutral comparison of two unusual and apparently invented words”.
- See also BL O/251/07
Summary
At first instance (see BL O/251/07) the Hearing Officer had dismissed the opposition under both Section 5(2)(b) and Section 5(3). The opponents appealed to the Appointed Person, limiting their appeal to his decision in respect of Class 25, and contending that he had erred in not applying the case law and tests (correctly stated by him) to the facts in this case.
A detailed review of the Hearing Officer’s decision, however, led the Appointed Person to the conclusion that whilst he had made “some errors” she agreed with the outcome. The appeal was therefore dismissed.