Trade mark decision

BL Number

O/089/04

Decision date

3 March 2004

Appointed Person

Professor Ruth Annand

Mark

LAMBERT'S BAY

Classes

25, 33, 42

Applicant

Scottish & Newcastle Plc

Opponent

Lambert GFA

Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Opposition Proceedings

Result

Opposition withdrawn by consent; specification amended.

Points Of Interest

• Discharge of Hearing Officer's decision by consent

Summary

At first instance (see BL O/131/03) the Hearing Officer had found the opponents successful to the extent of a reduction of the Class 33 specification to read "cocktails, alcoholic extracts and alcoholic essences". The applicants appealed but in the meantime the parties had reached an agreement by which the application would be allowed to proceed for a specification reading "still table wines". The Registrar had no objection to the Hearing Officer’s decision being discharged by consent.

The Appointed Person therefore directed that the application be allowed to proceed, amended as agreed. The Hearing Officer's order for costs also to be discharged.

Full decision O/089/04 11Kb