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United Kingdom Intellectual Property Office Decisions
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DIGITAL EDGE (Trade Mark: Opposition) [2000] UKIntelP o18600 (1 June 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o18600.html
Cite as:
[2000] UKIntelP o18600
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DIGITAL EDGE (Trade Mark: Opposition) [2000] UKIntelP o18600 (1 June 2000)
For the whole decision click here: o18600
Trade mark decision
- BL Number
- O/186/00
- Decision date
- 1 June 2000
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- DIGITAL EDGE
- Classes
- 09
- Applicant
- Zye Technology Limited
- Opponent
- The Edge Interactive Media Inc & The Edge Interactive Media Limited
- Opposition
- Cross-Appeals to the Appointed Person in Opposition Proceedings
Result
Applicants’ appeal abandoned - Opposition successful.
Points Of Interest
-
1. Costs in proceedings before the Registrar; and on appeal.
Summary
At first instance (see BL O/372/99) the Hearing Officer had found the opponents partially successful under Section 5(2)(b) and unsuccessful under the remaining rounds. He had directed the applicants to file a revised specification. Both sides appealed against that decision.
During the course of the appeal process the applicants had gone into receivership and the assets had been sold to a company which did not wish to pursue the matter. Accordingly, no revised specification had been filed, or would be filed. The original result sought by the opponents had therefore come about. The appointed person therefore made no finding on the merits of the appeals. He awarded costs in respect of the appeals but declined to interfere with the Hearing Officer’s decision to award costs to neither party in respect of the substantive matter.