Trade mark decision

BL Number
O/195/03
Decision date
23 June 2003
Appointed Person
Mr Geoffrey Hobbs QC
Mark
OKO
Classes
01
Applicant
Linseal International Ltd
Opponent
Hokochemie GmbH
Opposition
Section 5(2)(b). Appeal to the Appointed Person.

Result

Appeal to the Appointed Person: - Appeal withdrawn in view of agreement between the parties.

Points Of Interest

Summary

The applicants appealed the Hearing Officer’s decision dated 28 June 2001 (BL O/282/01) as confirmed in decision dated 29 August 2002 (BL O/361/02).

At the same time as filing their appeal they had applied to the Registrar for a Declaration of Invalidity, based on prior registered rights. In the circumstances the Appointed Person had decided to suspend the appeal to await the outcome of the invalidity proceedings (BL O/116/03).

Subsequently, the parties indicated to the Appointed Person that they had reached agreement and that the opponents had agreed to withdraw these opposition proceedings with no order as to costs. As the Registrar had no objection the Appointed Persons directed that the decisions issued by the Hearing Officer on 28 June 2001 and 29 August 2002 be discharged and that the appeal by the applicants should stand withdrawn with no order as to costs. Also the opponents opposition to Linseal’s application should stand withdrawn and no order as to costs.

Full decision O/195/03 PDF document10Kb