Trade mark decision

BL Number
O/019/06
Decision date
16 January 2006
Appointed Person
Mr Geoffrey Hobbs QC
Mark
Highwayman
Classes
25
Applicant
Lewis Leathers Ltd
Opponent
Aero Leather Clothing Ltd
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(4)(a): - Appeal allowed on the basis of consent.

Section 5(2)(b): - Hearing Officer's decisions set aside.

Points Of Interest

Summary

In his decision dated 1 August 2005 (BL O/216/05) the Hearing Officer found in favour of the opponent.

Subsequently the applicant appealed to the Appointed Person on the basis that there had been a misunderstanding as to the position of the parties during the period between the filing of the opponent's evidence and the date on which the decision was issued. The parties had been in negotiation and had settled their dispute on the basis that the applicant would assign the mark in suit to the opponent and the opponent would not pursue the applicant for its costs. The Registry had been advised of the negotiations and a request had been made that no decision should be issued.

On reviewing the papers the Appointed Person concluded that it would be appropriate for the Registrar to consider that the dispute between the parties be resolved on the basis of consent. The Registrar had indicated that there was no objection to such a proposal. The Appointed Person therefore set aside the Hearing Officer's decision dated 1 August 2005 and the associated costs order.

Full decision O/019/06 PDF document28Kb