Trade mark decision

BL Number
O/280/01
Decision date
29 June 2001
Hearing Officer
Mr A James
Mark
FLYING HORSE
Classes
14, 18, 25, 28, 29, 30, 32, 33
Applicant
Altmuhltaler Heilquellen GmbH
Opponent
Mobil Oil Corporation
Decision on Costs

Result

No order as to costs.

Points Of Interest

  • Costs: balance of the outcome

Summary

Following the conclusion of the hearing of the substantive matter in these opposition proceedings (see BL O/199/01), the parties made written submissions in the matter of costs. The Hearing Officer recalled that the opponents had failed on two of the three grounds argued before him, and partially failed on the other. He also took account of the four classes dropped from the application just before the hearing "probably ....... to avoid an adverse finding under Section 5(2) of the Act". On this basis, the Hearing Officer regarded the outcome as a draw. He made no order as to costs.

Full decision O/280/01 PDF document7Kb