Trade mark decision

BL Number

O/260/00

Decision date

1 August 2000

Hearing officer

Mr G Attfield

Mark

SUPER COFFEE MIX

Classes

25

Applicant

Super Coffeemix Manufacturing Ltd

Opponent (Prospective)

NV Sumatra Tobacco Trading Co

Joint Hearing

in relation to Registrar’s refusal of Form TM7. Trade Mark Rules 1994 (as amended)

Result

TM7 refused

Points Of Interest

• Interpretation of reasonable belief on behalf of prospective opponents as to the state of postal services at any given time

Summary

Application No 2172992 was advertised on 29 September 1999: thus, the period for opposition ended on 29 December 1999. A TM7 sent to the Registry by 1st class post and recorded delivery on 23 December 1999 arrived on 5 January 2000 and was therefore refused as being out of time. The prospective opponent contested the registrar’s decision. Following a joint hearing the Hearing Officer found that the TM7 had not been filed in accordance with Rule 13, the registrar had not certified any of the relevant days under Rule 61(1); the specific discretion provided for in Rule 61(3) did not apply, and the rule provided for no general discretion.

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