Trade mark decision

BL Number: O/011/06
Decision date: 10 January 2006
Appointed Person: Mr Richard Arnold QC
Mark: ROLCRAFT
Classes: 07, 08
Applicant: Rolson Tools Limited
Opponent: Rodcraft Pneumatic Tools GmbH & Co KG; Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in opposition proceedings.

Result

Appeal dismissed.

Points Of Interest

1. Comparison of the marks RODCRAFT v ROLCRAFT (see BL O/159/05)

Summary

At first instance (see BL O/159/05) the Hearing Officer had found the opponent successful under Sections 5(2)(b) and 5(4)(a). The applicant appealed, contending that the Hearing Officer had incorrectly assessed the - CRAFT element of the marks; that he was wrong to hold that the Class 7 specifications covered identical goods and finally that the evidence did not support his finding that the opponent had established a goodwill under the RODCRAFT mark at the material date.

The Appointed Person dismissed each of these grounds in turn. In respect of the Class 7 specification point the Appointed Person stated that an error which he had discerned in the Hearing Officer's assessment did not undermine his overall finding. The appeal was dismissed.

Full decision O/011/06 33Kb