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Opposition withdrawn after late amendment of specifications.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.

---

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o37903.html