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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SWORDERS (Trade Mark: Inter Partes) [2006] UKIntelP o28606 (12 October 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o28606.html Cite as: [2006] UKIntelP o28606 |
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For the whole decision click here: o28606
Result
Section 3(6): Opposition failed. Section 5(4)(a): Opposition successful.
Points Of Interest
Summary
In his preliminary decision dated 28 July 2006 (BL O/212/06) the Hearing Officer had found for the opponent under Section 5(4)(a) but rejected the ground under Section 3(6). He asked for submissions as to the award of costs.
In his submission the applicant offered to delete certain services from the application and also offered, in the event that his appeal was not successful, a geographical limitation in order to avoid conflict with the opponent. The opponent submitted that it was too late in the day to consider such limitations.
The Hearing Officer determined that he could consider the applicant’s proposals but could not take them into account as they were conditional on the outcome of a possible appeal. Decision as set down in decision of 28 July 2006 confirmed and costs awarded to the opponent.