Trade mark decision

BL Number
O/053/06
Decision date
28 February 2006
Hearing Officer
Mr G Salthouse
Mark
REPORT Collection
Classes
03, 14, 18, 25
Applicant
Muller & Eilbracht BV
Opponent
FIN.ING. SRL
Supplementary Decision in Opposition Proceedings Section 5(2)(b)

Result

Provisional findings set out in BL O/007/04 confirmed and specifications adjusted accordingly.

Points Of Interest

  • 1. Costs in proceedings before the Registrar; lateness of concessions.

Summary

On 7 January 2004 the Registrar's Hearing Officer found the opponent partly and provisionally successful; the final outcome was left to be determined when the fate of a CTM application was known; (see BL O/007/04).

That application had since proceeded to registration and this supplementary decision sets out the consequences of that in Classes 14 and 18.

As foreshadowed in BL O/007/04, the award of costs reflected the opponent's lateness in making concessions on Section 5(3) and 5(4)(a).

Full decision O/053/06 PDF document13Kb