Trade mark decision

BL Number: O/107/08
Decision date: 14 April 2008
Appointed Person: Mr Geoffrey Hobbs KC
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.

Full decision O/107/08 43Kb