Trade mark decision

BL Number

O/224/03

Decision date

11 August 2003

Hearing officer

Mr C Bowen

Mark

DEVICE ONLY

Applicant

Decathlon

Opponent

Boehringer Ingelheim Pharma KG

Opposition

Interlocutory Hearing relating to the acceptance of evidence in reply

Result

Acceptance of evidence in reply: - Application refused.

Points Of Interest

• The opponents confirmed that they did not wish the acceptance of the evidence to be considered under Rule 13(11) of the Trade Mark Rules 2000, which gives the Registrar a discretion to allow the filing of additional evidence if she thinks fit.

Summary

In the opposition proceedings the opponents say that the mark in suit is similar to a registered community mark in their ownership.

In their evidence in reply to the opponents evidence the applicants referred to a dispute involving the same parties in Denmark and filed a copy of a Danish decision which had been decided in their favour. In reply evidence the opponents included a copy of a Portuguese decision which had been decided in favour of the opponents. The applicants objected to the acceptance of this reply evidence as they said it was in fact, new evidence. Also in view of the dates of the decision it could have been filed by the opponents as part of their evidence in chief if they had wished to rely on it.

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