Trade mark decision

BL Number

O/390/03

Decision date

15 December 2003

Hearing Officer

Mr D Landau

Mark

EASYROOMS

Classes

36, 38, 39, 42

Applicant

Easyrooms Ltd

Opponent

easyGroup IP Licensing Limited

Opposition

Sections: S(2)(b), 5(3) & 5(4)(a)

Result

Provisional finding in BL O/473/02, confirmed.

Points Of Interest

• 1. Costs in proceedings before the Registrar; unreasonable behaviour of winning side.

Summary

In his substantive decision (see BL O/473/02) the Hearing Officer had found the opponents successful, provisional upon their applications proceeding to registration. One of these applications had now been registered and the Hearing Officer issued this supplementary decision confirming his original finding.

However, he did not make an award of costs to the opponents in view of the fact that they had cited a large number of earlier rights, the vast majority of which had no bearing on the case. The evidence, too, had been ill focused. It was a matter of whether the other side had been put to effort and expense to no purpose.

Full decision O/390/03 14Kb