Trade mark decision

BL Number

O/272/08

Decision date

6 August 2008

Appointed Person

Ms A Michaels

Mark

COMMSOFT

Classes

09, 38, 42

Applicants/Respondents

ISS Ltd

Opponent/Appellant

Lee Bracewell

Opposition

Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings.

Result

Appeal dismissed

Points Of Interest

• Application to adduce further evidence on appeal

Summary

At first instance (see BL O/089/08) the Hearing Officer had found the opponent unsuccessful in his opposition. He appealed to the Appointed Person. The opposition had failed because the opponent had not established the claim to a goodwill. The opponent/appellant did not identify any errors of principle in the Hearing Officer’s decision but sought instead to adduce further evidence in support of his claim to a goodwill. The Appointed Person refused the request to introduce further evidence and as she could herself find no flaw in the Hearing Officer’s approach she dismissed the appeal.

Full decision O/272/08 33Kb