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United Kingdom Intellectual Property Office Decisions
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FLYING HORSE (Trade Mark: Opposition) [2001] UKIntelP o28001 (29 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o28001.html
Cite as:
[2001] UKIntelP o28001
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FLYING HORSE (Trade Mark: Opposition) [2001] UKIntelP o28001 (29 June 2001)
For the whole decision click here: o28001
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.