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Reports of Patent, Design and Trade Mark Cases 2004 121(16):638-652; doi:10.1093/rpc/2004rpc32
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 32

DIGEO BROADBAND INC'S TRADE MARK APPLICATION

Appointed Person

(Geoffrey Hobbs Q.C.): October 13, 20031

[2004] R.P.C. 32

Trade mark—Application—Series of marks—Word mark plus domain name suffixes—Whether variation affected the identity of the trade mark—Perception of the relevant consumer—Registry refusing application under s.37(4) of Trade Marks Act 1994—Applicant deprived of opportunity to divide or amend if appeal failed—Irregularity of procedure—Appeal to Appointed Person.

Key Words: Appeals • Applications for registration • Appointed persons • Domain names • Procedural impropriety • Trade marks

1 Paragraph numbers in this decision are as assigned by the tribunal.


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