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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ADRENALINE (Trade Mark: Revocation) [1999] UKIntelP o44099 (6 December 1999) URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o44099.html Cite as: [1999] UKIntelP o44099 |
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For the whole decision click here: o44099
Result
Appeal allowed. Decision set aside and proceedings remitted to the Registrar.
Points Of Interest
Summary
The Appointed Person went into some detail in reviewing the circumstances relating to the issue of the Registrar’s decision. In particular he expressed concern about the delays which had occurred prior to the issue of the decision on 1 October 1999 and suggested that in contested proceedings the Registrar had to be careful not to become too involved with either party since, in such proceedings, he had a judicial role to play - rather than administrative.
In reviewing the voluminous correspondence between Mr Gracey and the Registry the Appointed Person commented on the unusual prose style adopted by Mr Gracey and noted that this makes correspondence somewhat difficult to understand and indeed this occurred when Mr Gracey lodged his appeal in that he did not set out clearly the grounds of appeal. However, the Appointed Person went on to accept the Notice of Appeal as complying with Rule 53 and concluded from the correspondence that Mr Gracey had indeed asked to be heard on the substantive issues prior to any decision being issued. The Registrar was thus in breach of Rule 48 and thus had no power to issue his decision. The decision was thus set aside and the proceedings remitted to the Registrar for a hearing to be arranged to give Mr Gracey the opportunity to be heard.
