Trade mark decision

BL Number: O/196/03
Decision date: 27 June 2003
Appointed Person: Mr David Kitchin QC
Mark: ELIZABETH EMANUEL ELIZABETH EMANUEL & double E & crown device
Classes: 03, 14, 18, 25
Applicant: Continental Shelf 128 Limited
Opponent: Elizabeth Florence Emanuel
Opposition: Sections 3(3)(b), 3(6) & 5(4)(a)

Result

Request to refer appeals to the Appointed Person to the High Court: Requests refused.

Points Of Interest

1. See also Hearing Officers decision dated 17 October 2002 (BL O/424/02) and BL O/425/02).
2. Appointed Person decision 16 January 2004 (BL O/017/04). Reference to European Court of Justice.
3. Guidance of European Court of Justice [2006] ETMR 56.
4. Appointed Person decision dated 3 November 2006 (BL O/317/06). Hearing Officer’s decision confirmed.

Summary

The Hearing Officer in the above proceedings found for Continental Shelf 128 Limited. (Decisions dated 17 October 2002 (BL O/424/02 and BL O/425/02). Ms Emanuel appealed to the Appointed Person. Subsequently, Continental Shelf 128 Ltd (CSL) requested that the two appeals be referred to the High Court.

The Appointed Person considered his powers to refer the proceedings to the Court; the fact that Ms Emanuel objected to the transfer and would probably have to discontinue with the appeals on cost grounds and he noted that there was no request from the Registrar to refer the proceedings. The Appointed Person accepted that the appeal raised a point of general legal importance as to the scope of Section 3(3)(b) of the Trade Marks Act 1994 but noted that he still retained a discretion not to refer. In his view it was better for the matter to be considered by the Appointed Person, than not at all if the appeal was discontinued on reference to the Court. Taking account of all the relevant facts, including that of “the public interest” the Appointed Person refused to refer these appeals to the Court.

Full decision O/196/03 28Kb