Trade mark decision

BL Number
O/186/00
Decision date
1 June 2000
Appointed Person
Mr Geoffrey Hobbs QC
Mark
DIGITAL EDGE
Classes
09
Applicant
Zye Technology Limited
Opponent
The Edge Interactive Media Inc & The Edge Interactive Media Limited
Opposition
Cross-Appeals to the Appointed Person in Opposition Proceedings

Result

Applicants’ appeal abandoned - Opposition successful.

Points Of Interest

  • 1. Costs in proceedings before the Registrar; and on appeal.

Summary

At first instance (see BL O/372/99) the Hearing Officer had found the opponents partially successful under Section 5(2)(b) and unsuccessful under the remaining rounds. He had directed the applicants to file a revised specification. Both sides appealed against that decision.

During the course of the appeal process the applicants had gone into receivership and the assets had been sold to a company which did not wish to pursue the matter. Accordingly, no revised specification had been filed, or would be filed. The original result sought by the opponents had therefore come about. The appointed person therefore made no finding on the merits of the appeals. He awarded costs in respect of the appeals but declined to interfere with the Hearing Officer’s decision to award costs to neither party in respect of the substantive matter.

Full decision O/186/00 PDF document11Kb