Trade mark decision

BL Number
Decision date
24 September 2002
Appointed Person
Mr S Thorley QC
Silver Spring Mineral Water Company Limited
Loblaw Companies Limited
Appeal to the Appointed Person in Opposition Proceedings


Hearing Officer's decision set aside; remitted to the Registrar for a fresh hearing.

Points Of Interest

  • "… even if the (Bud) decision was merely declaratory of the existing law, that does not entitle the Hearing Officer to take into account a new legal argument which occurred to him having read the (Bud) judgement."


At first instance (see BL O/111/02) the Hearing Officer had found for the applicants but in doing so had cited a case (Bud and Budweiser Budbrau Trade Marks [2002] RPC 747) which had appeared after the hearing but prior to his reaching a decision. The opponents appealed, seeking either a re-hearing before the Appointed Person, or that the matter should be remitted to the Registrar for a further hearing before a different Hearing Officer.

Having reviewed the matter the Appointed Person concluded that the Hearing Officer had indeed raised and considered a fresh argument, one which had not been considered or argued at the hearing. He therefore set aside the Hearing Officer's decision and remitted the matter to the Registrar for a fresh hearing before a different Hearing Officer.

Full decision O/433/02 PDF document25Kb