Trade mark decision

BL Number
Decision date
19 December 2008
Appointed Person
Professor Ruth Annand
35, 42
Enterprise IG Ltd
IG Design SA
Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings.


Appeal dismissed

Points Of Interest

  • Bad faith; applicable legal standard against which to test bad faith.


The appeal was directed solely at the Hearing Officer’s decisions under sections 3(6) and 5(2)(b), and also at the decision in relation to costs. The opponents claimed that the Hearing Officer :- had applied the wrong text of bad faith; had not applied the principle of interdependence in determining the likelihood of confusion; had made a flawed assessment of the similarity of the services; had erred in his comparison of the marks and finally had awarded costs from a scale higher than that pertaining at the commencement of the proceedings, which the applicants had not sought.

In the result the Appointed Person upheld the Hearing Officer’s decision on all points and the appeal was dismissed.

Full decision O/338/08 PDF document87Kb