Associate and Trade Mark Attorney Ben Evans has been published in the June 2016 edition of the ITMA Review.
Ben comments on the decision in an appeal to the Appointed Person of a UK IPO trade mark opposition. The case involved an opposition by The Polo/Lauren Company LP (the owner of the various RALPH LAUREN and POLO trade marks) against an application by HQ Accountancy Solutions Ltd for a mark comprising of the word POLO alongside a logo element. The opposition succeeded and the mark was rejected, however, the Applicant then appealed the decision claiming, that amongst other points, the Hearing Officer was wrong in his perception of the mark and that as a result the marks were not sufficiently similar for the opposition to succeed.
There are two key points to take away from this decision: firstly it is a reminder that an appeal is a review of the earlier decision, not a re-hearing; and, secondly that trade marks must be considered from the perspective of the average consumer, not through the eyes of the Applicant.
To read the article in full, please click here.
This article was first published in the June 2016 issue of the ITMA Review, the journal of the Institute of Trade Mark Attorneys (ITMA). For more information on ITMA, please visit itma.org.uk.
