Trade mark decision

BL Number

O/022/02

Decision date

18 January 2002

Hearing Officer

Mr S P Rowan

Mark

HYPER BLASTER

Classes

09, 28

Applicant

Konami Co Ltd

Opponent

Creative Technology Limited

Opposition

Award of Costs

Result

Award of Costs - Both parties to bear their own costs

Points Of Interest

• 1. This was a follow-up from the Hearing Officers decision dated 25 September 2001 (BL O/416/01).

Summary

When the opponents filed their application they asked for refusal of the application in its entirety. Later at the hearing the opponents asked for refusal of the Class 9 application and a restriction of the Class 28 application and the applicants asked for Class 28 to be allowed as filed and for a restriction of the Class 9 application. In the event the Hearing Officer allowed the Class 28 to proceed as filed and restricted the Class 9 application.

Following the hearing both parties asked for their costs. In particular the opponents claimed to have made proposals to the applicants before the hearing in an effort to resolve the conflict. The applicants claimed that these proposals were too restrictive and the Hearing Officer had agreed by allowing their application to proceed for a wider range of goods than proposed by the opponents.

After careful consideration the Hearing Officer decided that both parties had enjoyed a measure of success as regards the outcome of the proceedings. He therefore ordered that both parties should bear their own costs.

Full decision O/022/02 10Kb