Trade mark decision

BL Number
Decision date
25 October 2002
Appointed Person
Mr S Thorley QC
Registered Proprietor/Appellant
Tabak Marketing Limited
Applicants for Declaration of Invalidity/Respondents
Michael Robin Markwell VFM Children's Entertainment Limited
Appeal against the decision of the Registrar’s Hearing Officer in Invalidation Proceedings


Appeal dismissed

Points Of Interest

  • Expert witnesses; "the mere fact that somebody has been in the trade for some time does not necessarily equip him or her to assist the Tribunal".


At first instance (see BL O/172/02 and BL O/173/02) the Hearing Officer had found for the applicants for invalidation in both cases. On appeal to the Appointed Person the registered proprietor contended that the Hearing Officer had mistakenly reversed the onus of proof, and had wrongly assessed the evidence of acquired distinctiveness.

The Appointed Person, having reviewed those aspects of the Hearing Officer’s decision, did not agree. Neither did the Appointed Person detect any error of principle or anything wrong in any of the Hearing Officer’s other findings. The appeal was dismissed.

Full decision O/469/02 PDF document51Kb