Trade mark decision

BL Number: O/112/04
Decision date: 22 April 2004
Hearing Officer: Mr G Salthouse
Mark: ERGONOM
Classes: 20
Applicant
Opponent: Grahl GmbH
Opposition: Sections 5(1), (2) & 5(4)(a)

Result

Sections 5(1) & 5(2)(b) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

1. See Hearing Officer’s decision dated 12 June 2002 (BL O/236/02).

Summary

In the opposition proceedings the opponents case was based on an earlier filed pending application for the mark ERGONOM in Class 20 in respect of identical and similar goods as those of the applicants. The opponents were found to be successful (provisionally) on the Sections 5(1) & (2) ground but failed on the Section 5(4)(a) ground.

In this decision the Hearing Officer notes that the opponents withdrew their application to register the mark ERGONOM. Consequently, the basis for their opposition fell away and they thus failed on all grounds of their opposition. Costs were awarded to the applicants.

Full decision O/112/04 9Kb