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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 >> PC CLEAR (Trade Mark: Opposition) [2002] UKIntelP o43302 (24 September 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o43302.html Cite as: [2002] UKIntelP o43302 |
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For the whole decision click here: o43302
Result
Hearing Officer's decision set aside; remitted to the Registrar for a fresh hearing.
Points Of Interest
Summary
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.
