Trade mark decision

BL Number

O/527/01

Decision date

29 October 2001

Hearing officer

Mr Geoffrey Hobbs QC

Mark

TOTTENHAM

Classes

06, 09, 14, 16, 18, 21, 24, 25, 26, 27, 28, 39, 41, 42

Applicants/Appellants

Tottenham Hotspur Plc

Opponents/Respondents

Patricia Hard O’Connell & Michael O’Connell

Appeal against Registrar’s Hearing Officer’s refusal to grant an extension of time in opposition proceedings

Result

Appeal dismissed

Points Of Interest

• 1. "They also engage the public interest in relation to the question whether a quite powerful monopoly, in the form of a trade mark registration ..... should or should not be granted."

Summary

The Appointed Person upheld the Registrar’s decision and dismissed the appeal. In doing so he distinguished this case from that set out in Costellow v Somerset County Council [1993] 1 WLR 256. There was a public interest to be considered, and also the other party could not be compensated by an award of costs.

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