Trade mark decision

BL Number: O/020/06
Decision date: 16 January 2006
Appointed Person: Mr Geoffrey Hobbs KC
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 387Kb