Trade mark decision

BL Number

O/286/06

Decision date

12 October 2006

Hearing Officer

Mr A James

Mark

SWORDERS

Classes

36, 42

Applicant

Timothy Michael West

Opponent

Angus Hudson

Opposition

Sections 3(6) & 5(4)(a)

Result

Section 3(6): Opposition failed. Section 5(4)(a): Opposition successful.

Points Of Interest

• See also BL O/212/06 - Preliminary decision.

Summary

In his preliminary decision dated 28 July 2006 (BL O/212/06) the Hearing Officer had found for the opponent under Section 5(4)(a) but rejected the ground under Section 3(6). He asked for submissions as to the award of costs.

In his submission the applicant offered to delete certain services from the application and also offered, in the event that his appeal was not successful, a geographical limitation in order to avoid conflict with the opponent. The opponent submitted that it was too late in the day to consider such limitations.

The Hearing Officer determined that he could consider the applicant’s proposals but could not take them into account as they were conditional on the outcome of a possible appeal. Decision as set down in decision of 28 July 2006 confirmed and costs awarded to the opponent.

Full decision O/286/06 24Kb