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United Kingdom Intellectual Property Office Decisions
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SK.4 device (Trade Mark: Opposition) [2008] UKIntelP o17608 (24 June 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o17608.html
Cite as:
[2008] UKIntelP o17608
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SK.4 device (Trade Mark: Opposition) [2008] UKIntelP o17608 (24 June 2008)
For the whole decision click here: o17608
Trade mark decision
- BL Number
- O/176/08
- Decision date
- 24 June 2008
- Hearing officer
- Ms Anna Carboni
- Mark
- SK.4 & device
- Classes
- 03, 08
- Applicant/Appellant
- Simon Grogan
- Opponents/Respondents
- The Procter & Gamble Company
- Opposition
- 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 goods in different classes
-
2. Admission of further evidence on appeal
-
3. See also BL O/333/07
Summary
At first instance (see BL O/333/07) the Hearing Officer had found for the opponents in respect of both the Class 3 goods and the Class 8 goods. The applicant appealed against the finding in respect of Class 8, in view of the great differences between toiletries in Class 3 and machinery in Class 8.
Having reviewed the matter, however, the Appointed Person concluded that the Hearing Officer had made no error of principle and had been entitled to each the conclusion that he did in respect of the Class 8 goods.
The appeal was dismissed.
The Appointed Person had also refused to admit further evidence submitted by the appellant.