IPO On a preliminary point, the Hearing Officer decided, not without ‘some misgivings’ to take into account some exhibits which had not been copied to the other side.
In the substantive matter, the opponent claimed to have established a goodwill in the mark BITESIZE. After a careful examination of this claim, however, the Hearing Officer considered any possible damage was limited to a common field of activity, ie some, only, of the services in the Class 41 specifications.
He ordered that the Class 41 specification be reduced accordingly. Since this was only a very limited success, given the breadth of the opponents’ attack, the Hearing Officer made an award of costs to the applicants.
Judges:
Mr D Landau
Citations:
OPP 49953, 2181480, [2001] UKIntelP o55301
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 13 October 2022; Ref: scu.454502