Trade mark decision

BL Number
O/020/06
Decision date
16 January 2006
Appointed Person
Mr Geoffrey Hobbs QC
Mark
Conde de Lladro
Classes
33
Applicant
Rosa Ma Lladro Castello
Opponent
Lladro Comercial SA
Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings.

Result

Appeal dismissed. -

-

Points Of Interest

  • 1. Section 5(3): "…. the mischief remedied by Section 5(3) can be described metaphorically as 'cross-pollination': use of one is liable to influence the effect of the other on people who have been exposed to the use of both."

Summary

At first instance (see BL O/205/03) the Hearing Officer had found the opposition to have failed under Sections 3(6), 5(3) & 5(4)(a). The opponents appealed, maintaining their opposition under Sections 5(3) & 5(4)(a); the objections under Section 3(6) was not pursued.

Having reviewed the matter, the Appointed Person upheld the Hearing Officer’s decision. The appeal was dismissed.

Full decision O/020/06 PDF document387Kb