||All England Reporter
|| All ER (D) 249 (Nov)
||Richard Arnold QC (instructed by Briffa & Co) for the appellant.
||Christopher Morcom QC (instructed by Rowe and Maw) for the respondent.
||16 November 2001
Trade mark - Opposition to registration - Prior registration - Respondent having objected to application for registration of appellant's mark - Whether hearing officer having applied test correctly - Trade Marks Act 1938, ss 11, 12.
On an appeal from a decision of the officer acting for the Registrar of Trade Marks by which the appellant's application for registration of its mark was dismissed and the objection of the respondent upheld, the court ruled that the officer had applied the relevant test correctly and, accordingly, dismissed the appeal.
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