Trade mark decision
- BL Number
- O/140/08
- Decision date
- 19 May 2008
- Appointed Person
- Ms Anna Carboni
- Mark
- CAS
- Classes
- 18, 25
- Applicants/Respondent
- Carol Anne Gwynne
- Opponent/Appellant
- Grotto S.P.A.
- Opposition
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings
Result
Appeal dismissed
Points Of Interest
- Comparison of marks, GAS v CAS: “Whatever my own decisions on similarity of marks might have been, I can find no error of principle in the Hearing Officer’s approach”.
- See also BL O/341/07
Summary
At first instance (see BL O/341/07) the Hearing Officer had found no likelihood of confusion, the marks being dissimilar. The opponent appealed to the Appointed Person, contending that the Hearing Officer’s assessment of the similarity/dissimilarity of the marks was wrong.
Having reviewed the Hearing Officer’s decision, however, the Appointed Person, whilst conceding that other Hearing Officers might have found the marks to be similar (herself included) she could find no actual error of principle. She therefore left his decision in place and dismissed the appeal.
Full decision O/140/08 
47Kb
