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Reports of Patent, Design and Trade Mark Cases 2007 124(8-9):301-327; doi:10.1093/rpc/2007rpc13
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© Crown Copyright

[2007] R.P.C. 13

CITYBOND TRADE MARK

Appointed Person

(Geoffrey Hobbs Q.C.): July 7, 20061

[2007] R.P.C. 13

Trade mark—Application—Opposition—Relative grounds of opposition—Opposition dismissed—Appeal to Appointed Person—Applicant for registration having earlier vested rights in relation to some but not all services within specification—Whether specification should be narrowed—Applicant seeking fallback position for first time on appeal—Guidance on proper procedure for adopting fallback positions—Likelihood of confusion—Survey evidence—Admissibility—Weight to be accorded to survey evidence—"Missing ingredient" approach—Global assessment—Whether mark took advantage of distinctive character and repute of earlier mark—Basis of assessment.

Key Words: Appeals • Banking services • Directives • Earlier trade marks • Guidelines • Relative grounds for refusal • Survey evidence • Trade marks

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


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