Trade mark decision

BL Number

O/107/04

Decision date

30 March 2004

Appointed Person

Mr Geoffrey Hobbs KC

Mark

PULMOJET

Classes

05

Applicants/Appellants

Medsym Arzteservice Information-und Veranstaltungsdienst GmbH

Opponents/Respondents

Asta Medica Aktiengesellschaft

Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in opposition proceedings.

Result

Appeal withdrawn by consent; Hearing Officer’s decision discharged.

Points Of Interest

• 1. Discharge of Hearing Officer’s decision: withdrawal of appeal by consent.

Summary

At first instance (see BL O/135/03) the Hearing Officer had found the opponents successful under Section 5(2)(a). The applicants appealed against that decision to the Appointed Person but subsequently the parties came to an agreement which rendered the opposition and the appeal redundant.

The Registrar having confirmed that he had no objections to the discharge of the Hearing Officer’s decision and the withdrawal of the appeal by consent, the Appointed Person so ordered, with no further order as to costs.

Full decision O/107/04 15Kb