Trade mark decision

BL Number

O/312/03

Decision date

16 October 2003

Hearing officer

Mr Geoffrey Hobbs QC

Mark

EPISTAT

Classes

05

Applicants/Appellants

Special Products Limited

Opponents/Respondents

American Home Products Corporation

Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in Opposition Proceedings

Result

Appeal dismissed.

Points Of Interest

• 1. A limitation in the goods to more closely reflect the 'meaning' of the mark was not acceptable because the average consumer "would not normally take time to construe or unpack the meaning of the trade marks which come to their attention in the course of their every day work".

Summary

The applicant contended that at first instance (see BL O/115/03) the Hearing Officer had erred by giving insufficient weight to the differences in the mark, and he had overstated the possible effect of the similarities. He had failed to make his assessment from the perspective of the relevant average consumer.

Having reviewed the matter, however, the Appointed Person upheld the decision of the Hearing Officer.

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