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Reports of Patent, Design and Trade Mark Cases 2007 124(5):185-204; doi:10.1093/rpc/2007rpc10
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© Crown Copyright

[2007] R.P.C. 10

SENSORNET LTD'S TRADE MARK APPLICATION

Appointed Person

(Richard Arnold Q.C.): May 11, 20061

[2007] R.P.C. 10

Trade mark—Application—Specification for goods in Classes 9, 37, 38 and 42—Earlier mark relating to some (but not all) similar goods in Class 9—Mark refused in its entirety—Appeal to Appointed Person—Applicant's request for divisional application in Classes 37, 38 and 42—Correct approach of registrar when considering relative grounds of refusal—Whether registrar had power to permit division of the application pending determination of appeal—Whether conditional offer to restrict specification permissible—Matter remitted to registrar to enable divisional application to proceed and to consider afresh whether grounds for refusal existed in respect of some or all goods in Class 9.

Key Words: Classification • Directives • Divisional applications • Earlier trade marks • Refusal • Trade marks

1 Paragraph numbers in this judgment are as assigned by the court.


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