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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> T -TIMES (Trade Mark: Opposition) [2003] UKIntelP o37903 (2 December 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o37903.html
Cite as: [2003] UKIntelP o37903
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T-TIMES (Trade Mark: Opposition) [2003] UKIntelP o37903 (2 December 2003)
For the whole decision click here: o37903
Trade mark decision
- BL Number
- O/379/03
- Decision date
- 2 December 2003
- Hearing officer
- Mr J MacGillivray
- Mark
- T-TIMES
- Classes
- 09, 16, 35, 38, 42
- Applicant
- Deutsche Telekom AG
- Opponent
- IPC Media Limited
- Opposition
- Section 5(2)(b)* (an objection under Section 5(4)(a) was also raised but later abandoned)
Result
Opposition withdrawn after late amendment of specifications.
Points Of Interest
- 1. Costs in proceedings before the Registrar; late concessions by parties.
Summary
The opposition was based on registrations of TV TIMES in Classes 9, 16, 35 & 41.
Just prior to the hearing the parties were engaged in discussion of amendments to the specifications which might resolve the conflict. The Hearing Officer agreed to suspend the hearing in order to allow further discussion.
The parties then arrived at an agreed solution but the opponent asked for an award of costs as there was no formal agreement; the amendments had resulted in the removal of the items objected to and the concessions could and should have been made earlier.
The Hearing Officer found that the opponent had in effect been successful in their opposition and he awarded costs accordingly.