Trade mark decision
- BL Number
- O/361/07
- Decision date
- 12 December 2007
- Appointed Person
- Professor Ruth Annand
- Mark
- THE DENTAL PRACTICE & device of a crocodile
- Classes
- 44
- Applicant
- Dr Simon J Moore & Dr Timothy Rumney
- Opponent
- La Chemise Lacoste (SA)
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed. Appeal dismissed.
Points Of Interest
- See also Hearing Officer’s decision dated 24 May 2007 (BL O/138/07).
Summary
The opponent appealed the Section 5(2)(b) ground of the Hearing Officer’s decision dated 24 May 2007 (BL O/138/07) to the Appointed Person.
The essential ground of the opponent’s appeal was that it claimed that the Hearing Officer had given too much weight to the descriptive words THE DENTAL PRACTICE appearing in the applicant’s mark and insufficient weight to the fact that the distinctive element in the applicant’s mark was a device of a crocodile and the opponent’s mark was a similar device of a crocodile.
The Appointed Person reviewed the evidence before the Hearing Officer and also the Hearing Officer’s reasoning in her written decision. The Appointed Person noted that the Hearing Officer had taken account of all the relevant facts in her comparison of the respective marks and that she had reached a reasoned determination that the respective marks were not confusingly similar in relation to dentistry services. The Appointed Person accepted that this was judgement she was entitled to reach and dismissed the appeal.
Full decision O/361/07 
80Kb
