Trade mark decision

BL Number

O/277/08

Decision date

9 October 2008

Hearing officer

Professor Ruth Annand

Mark

STORZ KARL STORZ-VIDEOENDIOSKOPIE

Classes

10

Applicant

Karl Storz GmbH & Co KG

Opponent

Bausch & Lomb Incorporated

Opposition

Sections 3(6) & 5(2)(b)

Result

Appeal to the Appointed Person: Appeal allowed.

Points Of Interest

• See also Hearing Officer’s decision dated 29 January 2008 (BL O/022/08).

Summary

In his decision dated 29 January 2008 (BL O/022/08) the Hearing Officer said that the mark in suit fell within the terms of an Agreement dated 1982 between the parties (as amended in 1985). The opponent appealed to the Appointed Person.

The Appointed Person considered the terms of the Agreement and the Hearing Officer’s finding. She concluded that the Hearing Officer had taken a too narrow view of clauses 2 and 3 of the 1982 Agreement without giving full weight to other clauses within the Agreement. Also he had failed to consider the background to the 1982 Agreement which was to settle an opposition dispute and to regulate their respective relations worldwide. Finally the Hearing Officer appeared to have been influenced by correspondence between the parties, after the signing of the Agreement and this was not permissible. The Appointed Persons went on to conclude that the mark in suit fell outside the terms of the 1982 Agreement and set aside the Hearing Officer’s decision in relation to this aspect of the proceedings.

The second finding in relation to “consent” by the opponent will be dealt with at a future hearing.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o27708.html