Trade mark decision

BL Number
Decision date
18 January 2002
Hearing Officer
Mr S P Rowan
09, 28
Konami Co Ltd
Creative Technology Limited
Award of Costs


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).


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 PDF document10Kb