Trade mark decision

BL Number

O/051/03

Decision date

19 February 2003

Hearing Officer

Mr A James

Mark

ONCOLYSE

Applicant

Biovex Limited

Opponent

Novartis AG

Opposition

1. Section 5(2)(b)

Result

Section 5(2)(b): - Opposition partially successful.

Award of costs: - Award of costs reduced to 75% of sum due.

Points Of Interest

• 1. See also BL O/458/02

Summary

In his decision under BL O/458/02 the Hearing Officer decided that if the applicants restricted their specification to the goods of interest the opposition would fall away. Subsequently the applicants agreed to restrict their specification as proposed by the Hearing Officer and the only matter that remained to be decided was the matter of costs.

The applicants made written submissions to the effect that as they had complied with the Hearing Officer’s directions no costs should be awarded against them. However, the Hearing Officer noted that the opposition had been partially successful and decided that the opponents should be awarded £600 being 75% of what would normally have been awarded.

Full decision O/051/03 9Kb