Trade mark decision

BL Number

O/198/02

Decision date

16 April 2002

Appointed Person

Mr S Thorley QC

Mark

BUBBLES

Classes

25

Applicants/Appellants

Bubbles

Opponents/Respondents

Tommy Hilfiger Licensing Inc & BM Fashions (Leicester) Ltd

Result

Appeal dismissed.

Points Of Interest

• 1. None

Summary

At first instance the Hearing Officer had found the opponents successful under Section 5(2)(b) (See BL O/519/01). The applicants appealed (but did not attend the hearing). The Appointed Person upheld the decision of the Registrar’s Hearing Officer in all respects and awarded further costs against the applicants/appellants but delayed the signing of the order for 14 days to allow time for observations. In a postscript to his decision Mr Thorley recorded that the appellants had sent him a letter (faxed to him on the day of the hearing but not before him at the time the hearing took place) explaining their absence from the hearing and requesting him to consider certain further matters. Mr Thorley allowed them 14 days in which to make an application for a further hearing. Separate costs orders would apply to any further and subsequent hearing, he said.

Full decision O/198/02 16Kb