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United Kingdom Intellectual Property Office Decisions
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REPORT Collection (Trade Mark: Opposition) [2006] UKIntelP o05306 (28 February 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o05306.html
Cite as:
[2006] UKIntelP o05306,
[2006] UKIntelP o5306
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REPORT Collection (Trade Mark: Opposition) [2006] UKIntelP o05306 (28 February 2006)
For the whole decision click here: o05306
Trade mark decision
- BL Number
- O/053/06
- Decision date
- 28 February 2006
- Hearing officer
- Mr G Salthouse
- Mark
- REPORT Collection
- Classes
- 03, 14, 18, 25
- Applicant
- Muller & Eilbracht BV
- Opponent
- FIN.ING. SRL
- Supplementary Decision in Opposition Proceedings Section 5(2)(b)
Result
Provisional findings set out in BL O/007/04 confirmed and specifications adjusted accordingly.
Points Of Interest
-
1. Costs in proceedings before the Registrar; lateness of concessions.
Summary
On 7 January 2004 the Registrar's Hearing Officer found the opponent partly and provisionally successful; the final outcome was left to be determined when the fate of a CTM application was known; (see BL O/007/04).
That application had since proceeded to registration and this supplementary decision sets out the consequences of that in Classes 14 and 18.
As foreshadowed in BL O/007/04, the award of costs reflected the opponent's lateness in making concessions on Section 5(3) and 5(4)(a).