Trade mark decision

BL Number
O/169/05
Decision date
17 June 2005
Appointed Person
Mr Richard Arnold QC
Mark
BUFFALO CREEK
Classes
18, 25
Registered Proprietor
Terrence Ball
Applicants for a declaration of invalidity
Buffalo Boots GmbH
Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Invalidation Proceedings.

Result

Appeal dismissed.

Points Of Interest

  • 1. Comparison of the marks BUFFALO v BUFFALO CREEK; conceptual difference arising from the additional word.

Summary

At first instance (see BL O/353/04) the Hearing Officer had found in favour of the applicant for invalidation. The registered proprietor appealed to the Appointed Person, contending that the Hearing Officer had erred in attaching geographical signification to both BUFFALO and BUFFALO CREEK, and had failed properly to consider the conceptual difference which resulted from the addition of the word CREEK to the word BUFFALO.

Following a detailed review of the Hearing Officer's decision, the Appointed Person upheld it and dismissed the appeal.

Full decision O/169/05 PDF document53Kb