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United Kingdom Intellectual Property Office Decisions
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EXPOSURE (Trade Mark: Opposition) [2008] UKIntelP o10708 (14 April 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o10708.html
Cite as:
[2008] UKIntelP o10708
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EXPOSURE (Trade Mark: Opposition) [2008] UKIntelP o10708 (14 April 2008)
For the whole decision click here: o10708
Trade mark decision
- BL Number
- O/107/08
- Decision date
- 14 April 2008
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- EXPOSURE
- Classes
- 14
- Applicant./Respondent
- Fardeen Ferojkhan Sookun
- Opponent/Appellants
- Maison Eloga Horlogherie Et Bijouterie Sarl
- Opposition
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings
Result
Appeal dismissed
Points Of Interest
-
Form TM7; “By allowing (Section 56) to be identified as an independent basis of opposition in the Form TM7, the Registry seems to have opened the door to an objection involving the existence of a likelihood of confusion ….. without reference to Sections 5(1) to 5(4) of the Act”.
-
See also BL O/305/06
Summary
At first instance (see BL O/305/06) the Hearing Officer had found the opposition to have failed on all the grounds on which it had been brought. The opponents appealed to the Appointed Person, contending, in essence, that the Hearing Officer’s decision was wrong.
The Appointed Person, having reviewed that decision, found that the appeal was clearly unsustainable on a proper application of the established principles governing such appeals.