Kabushiki Kaisha Hattori Seiko v. Impenco Ltd.
T-1559-98
Campbell J.
3/11/99
5 pp.
Appeal from decision by Trade-marks Opposition Board acting on behalf of Registrar of Trade-marks-Applicant selling watches in association with trade mark "Seiko" through authorized wholesalers-Watches sold in watch boxes bearing trade mark "Seiko"-Whether Board wrong in evaluating evidence respecting application to extend statement of wares in trade-mark registration No. 122,687 for trade mark "Seiko" to cover "watch boxes"-For application to be accepted, Board required to find continuous use of trade mark "Seiko" with respect to watch boxes in normal course of trade since date claimed-For required finding to be made, applicant must prove as matter of mixed fact and law watch box ware independent from watches it contains-Board refusing to make such finding-Statement of applicant's marketing intention to sell two separate goods at single price not amounting to "tacit admission" of anything-Board's own opinion consumers in effect purchasing "whiskey, not bottles" when purchasing watches, not watch boxes, speculation-On new evidence presented during present appeal, Board went wrong-New evidence supplied in present appeal independent professional opinion establishing consumers do purchase watch box as separate ware-Dr. Corbin's opinion, substantiated by detailed analysis, cogent, consistent, persuasive, deserving substantial weight-Appeal allowed.