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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TAM (Trade Mark: Opposition) [2000] UKIntelP o20200 (15 June 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o20200.html Cite as: [2000] UKIntelP o20200 |
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For the whole decision click here: o20200
Result
Request for an extension of time: - Request allowed.
Points Of Interest
Summary
Following the launching of opposition proceedings the opponents had filed their evidence within a period of six months. The applicants were set the standard period of three months to 16 November 1999 to file their evidence. A further period of three months to 16 February 2000 was requested on the grounds that the parties had been in negotiation and settlement of the dispute was likely. This request was granted.
On the 16 February the applicants requested a further three month period until 16 May 2000 on the basis that a settlement had been agreed in principle and only one further meeting was necessary to finalise matters. Subsequently, the opponents disputed that agreement had been reached and that the applicants should have filed their evidence within the generous period allowed.
Following further submissions from both parties advisors about their understanding of the negotiations which had taken place, an interlocutory hearing took place on 6 April 2000. At this hearing the applicants indicated that their evidence was ready to be filed and the Hearing Officer accepted it into the proceedings. He did so on the basis that the applicant had been proceeding on the basis that negotiations were proceeding smoothly and it was not until mid-February that the true position became apparent and that a settlement was not likely. In view of this uncertainty the Hearing Officer considered it reasonable to allow the period from 16 February to 6 April (the date of the hearing) for the applicants to complete and file their evidence. However, no further time beyond the 6 April allowed.