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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ONCOLYSE (Trade Mark: Opposition) [2003] UKIntelP o05103 (19 February 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o05103.html
Cite as: [2003] UKIntelP o5103, [2003] UKIntelP o05103
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ONCOLYSE (Trade Mark: Opposition) [2003] UKIntelP o05103 (19 February 2003)
For the whole decision click here: o05103
Trade mark decision
- BL Number
- O/051/03
- Decision date
- 19 February 2003
- Hearing officer
- Mr A James
- Mark
- ONCOLYSE
- Applicant
- Biovex Limited
- Opponent
- Novartis AG
- Opposition
- 1. Section 5(2)(b)
Result
Section 5(2)(b): - Opposition partially successful.
Award of costs: - Award of costs reduced to 75% of sum due.
Points Of Interest
- 1. See also BL O/458/02
Summary
In his decision under BL O/458/02 the Hearing Officer decided that if the applicants restricted their specification to the goods of interest the opposition would fall away. Subsequently the applicants agreed to restrict their specification as proposed by the Hearing Officer and the only matter that remained to be decided was the matter of costs.
The applicants made written submissions to the effect that as they had complied with the Hearing Officer’s directions no costs should be awarded against them. However, the Hearing Officer noted that the opposition had been partially successful and decided that the opponents should be awarded £600 being 75% of what would normally have been awarded.