Trade mark decision

BL Number
O/306/03
Decision date
13 October 2003
Appointed Person
Mr Geoffrey Hobbs QC
Mark
LE XV DU PRÉSIDENT
Classes
33
Applicants/Respondents
Direct Wines Limited
Opponents/Appellants
BSA SA
Appeal against the decision of the Registrar’s Hearing Officer in Opposition Proceedings

Result

Appeal dismissed

Points Of Interest

Summary

At first instance (see BL O/507/02) the Hearing Officer dismissed the opposition under Section 5(3) (the only ground cited). The opponents appealed to the Appointed Person.

Having reviewed the matter however the Appointed Person upheld the Hearing Officer's finding. The "necessary element of cross-pollination between the two strains of use was not demonstrated or apparent", he found.

Full decision O/306/03 PDF document34Kb