OAO "Alfa-Bank" v Alpha Bank AE

Mr Simon Malynicz (instructed by W P Thompson & Co, Trade Marks and Design Litigators, Coopers Building, Church Street, Liverpool L1 3AB) for the Appellant Miss Jessie Bowhill (instructed by Thomas Cooper, Ibex House, 42-47 Minories, London EC3N 1HA) for the Respondent Hearing dates: 13th July 2011 ____________________

(1) whether the Respondent's use altered the distinctive character of the mark in the form in which it had been registered: (the distinctive character issue);

(2) the appropriate specification of the services for which the Respondent's earlier mark should be treated as having been registered pursuant to section 6A(6) (the specification issue); and

(3) the question whether, in the light of the answer to the second issue, there was displayed a sufficient likelihood of confusion (the confusion issue).

Mere surprise at a Hearing Officer's conclusion, or the appeal court's preference for a different conclusion are, of themselves, insufficient for that purpose. Where the Hearing Officer is required to make a multi-factorial global assessment in relation to a matter in issue, assertions by the Appellant that he attributed too much or too little weight to particular factors are unlikely to be of assistance, in the absence of an error of principle.