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United Kingdom Intellectual Property Office Decisions
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COMMSOFT (Trade Mark: Opposition) [2008] UKIntelP o27208 (6 August 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o27208.html
Cite as:
[2008] UKIntelP o27208
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COMMSOFT (Trade Mark: Opposition) [2008] UKIntelP o27208 (6 August 2008)
For the whole decision click here: o27208
Trade mark decision
- BL Number
- O/272/08
- Decision date
- 6 August 2008
- Hearing officer
- Ms A Michaels
- Mark
- COMMSOFT
- Classes
- 09, 38, 42
- Applicants/Respondents
- ISS Ltd
- Opponent/Appellant
- Lee Bracewell
- Opposition
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings.
Result
Appeal dismissed
Points Of Interest
-
Application to adduce further evidence on appeal
Summary
At first instance (see BL O/089/08) the Hearing Officer had found the opponent unsuccessful in his opposition. He appealed to the Appointed Person. The opposition had failed because the opponent had not established the claim to a goodwill. The opponent/appellant did not identify any errors of principle in the Hearing Officer’s decision but sought instead to adduce further evidence in support of his claim to a goodwill. The Appointed Person refused the request to introduce further evidence and as she could herself find no flaw in the Hearing Officer’s approach she dismissed the appeal.