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United Kingdom Intellectual Property Office Decisions
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 o05103, [2003] UKIntelP o5103

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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

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.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o05103.html