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Trade mark decision

BL Number
O/089/04
Decision date
3 March 2004
Hearing officer
Professor Ruth Annand
Mark
LAMBERT'S BAY
Classes
25, 33, 42
Applicant
Scottish & Newcastle Plc
Opponent
Lambert GFA
Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Opposition Proceedings

Result

Opposition withdrawn by consent; specification amended.

Points Of Interest

  • Discharge of Hearing Officer's decision by consent

Summary

At first instance (see BL O/131/03) the Hearing Officer had found the opponents successful to the extent of a reduction of the Class 33 specification to read "cocktails, alcoholic extracts and alcoholic essences". The applicants appealed but in the meantime the parties had reached an agreement by which the application would be allowed to proceed for a specification reading "still table wines". The Registrar had no objection to the Hearing Officer’s decision being discharged by consent.

The Appointed Person therefore directed that the application be allowed to proceed, amended as agreed. The Hearing Officer's order for costs also to be discharged.

Full decision O/089/04 PDF document11Kb