| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 426 (May) |
| Neutral Citation: | [2002] EWCA Civ 763 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Robert walker, Buxton and Clarke LJJ |
| Representation | Roger Wyand QC (instructed by Forbes Anderson) for the applicants. |
| Christopher Morcom QC (instructed by Ashurst Morris Crisp) for the opponent. | |
| Judgment Dates: | 28 May 2002 |
Catchwords
Trade mark - Opposition to registration - Appeal against decision of Assistant Comptroller or hearing officer - Degree to which appellate court should interfere with decision in absence of distinct and material error of principle - s 76.
The Case
An appellate court should show real reluctance, but not the very highest degree of reluctance, to interfere with the decision of the Assistant Comptroller of Patents, Designs and Trade Marks or of a hearing officer on an opposed application for registration of a trade mark in the absence of a distinct and material error of principle
Practice Areas
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