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).

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