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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HERITAGE (Trade Mark: Opposition) [2007] UKIntelP o24707 (22 August 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o24707.html Cite as: [2007] UKIntelP o24707 |
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For the whole decision click here: o24707
Result
Section 5(4)(a): Appeal dismissed.
Points Of Interest
Summary
This was an appeal of the Hearing Officer’s decision dated 16 January 2007 (BL O/022/07). In his decision the Hearing Officer had concluded that the opponent had “just about” established a protectable goodwill at the relevant date and therefore the application should be refused in respect of cider in Class 33.
On appeal the applicant submitted that the Hearing Officer had given undue weight to the opponent’s evidence and that in fact there was insufficient evidence to establish that the opponent had a protectable goodwill at the relevant date.
The Appointed Person carefully reviewed the Hearing Officer’s decision and noted that the had considered all the relevant points and taken full account of the fact that the opponent’s evidence was not as detailed or focused as it should have been. However, he had concluded that at the relevant date the opponent had established a protectable goodwill. The Appointed Person accepted that there was some reservations with regard to the opponent’s evidence but there had been no formal challenge by the applicant and no request to cross-examine the opponent’s witness. In all the circumstances the Appointed Person believed that the Hearing Officer had reached an acceptable decision and he dismissed the appeal.
