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United Kingdom Intellectual Property Office Decisions
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LAMBERT'S BAY (Trade Mark: Opposition) [2004] UKIntelP o08904 (3 March 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o08904.html
Cite as:
[2004] UKIntelP o08904,
[2004] UKIntelP o8904
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LAMBERT'S BAY (Trade Mark: Opposition) [2004] UKIntelP o08904 (3 March 2004)
For the whole decision click here: o08904
Trade mark decision
- BL Number
- O/089/04
- Decision date
- 3 March 2004
- Hearing officer
- Professor Ruth Annand
- Mark
- LAMBERT'S BAY
- Classes
- 25, 33, 42
- Applicant
- Scottish & Newcastle Plc
- Opponent
- Lambert GFA
- Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Opposition Proceedings
Result
Opposition withdrawn by consent; specification amended.
Points Of Interest
-
Discharge of Hearing Officer's decision by consent
Summary
At first instance (see BL O/131/03) the Hearing Officer had found the opponents successful to the extent of a reduction of the Class 33 specification to read "cocktails, alcoholic extracts and alcoholic essences". The applicants appealed but in the meantime the parties had reached an agreement by which the application would be allowed to proceed for a specification reading "still table wines". The Registrar had no objection to the Hearing Officer’s decision being discharged by consent.
The Appointed Person therefore directed that the application be allowed to proceed, amended as agreed. The Hearing Officer's order for costs also to be discharged.