Trade mark decision

BL Number
O/108/04
Decision date
5 April 2004
Hearing officer
Professor Ruth Annand
Mark
JEAN P. ROGER
Classes
33
Applicants/Appellants
Dhamecha Foods Limited
Opponents/Respondents
Pol Roger & Cie
Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in Opposition Proceedings.

Result

Appeal dismissed.

Points Of Interest

  • 1. Notional and fair use of the mark; absence of actual confusion not decisive

Summary

At first instance the Hearing Officer had found the opponents successful under Section 5(2)(b), (see BL O/153/02). The applicants appealed against this finding. They contended that the Hearing Officer’s assessment of the manner in which the relevant buying public would perceive the opponent’s mark was inconsistent/wrong; the Hearing Officer had incorrectly applied the ruling of the ECJ in Sabel v Puma and, lastly, that the lack of evidence of confusion had been ignored. The Appointed Person however found these criticisms to be unfounded and the appeal failed.

Full decision O/108/04 PDF document32Kb