Trade mark decision

BL Number
O/090/04
Decision date
17 March 2004
Hearing officer
Professor Ruth Annand
Mark
QUARTZ
Classes
09
Applicant
Apple Computer Inc
Opponent
TKS-Teknosoft SA
Opposition
Sections 5(1) & 5(2)(a)

Result

Section 5(2)(a) - Opposition successful

.. - Appeal dismissed.

Points Of Interest

  • 1. See also Hearing Officer’s decision dated 16 June 2003 (BL O/160/03).

Summary

In his decision dated 16 June 2003 ( BL O/160/03) the Hearing Officer had upheld the opposition under Section 5(2)(a). The applicant appealed to the Appointed Person claiming that the Hearing Officer had decided that the respective QUARTZ marks were identical when this was not the case, and that the respective goods were different.

The Appointed Person carefully considered the Hearing Officer’s decision, the evidence before her and the submissions made by Counsel. As regards the respective marks the Appointed Person agreed with the Hearing Officer that the differences in the respective QUARTZ marks were so marginal that they were likely to be seen by the public as identical so in these proceedings they should be so treated.

As regards the respective goods the Appointed Person noted that the Hearing Officer had distinguished each party’s goods and had understood their function. She therefore agreed with the Hearing Officer’s finding that the respective goods were similar and that his decision in favour of the opponent should stand.

The applicant offered to amend their specification in order to try and overcome the opposition. The Appointed Person refused the request because it was too late in the proceedings to allow such an amendment. In any case the amendment proposed widened the existing specification and could not be allowed. Appeal dismissed.

Full decision O/090/04 PDF document55Kb