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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 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.


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