Trade mark decision

BL Number

O/533/01

Decision date

28 November 2001

Hearing officer

Dr W J Trott

Mark

TECHNIC

Classes

03, 08, 21

Applicants & Applicants for Revocation

Badgequo Limited

Opponents & Registered Proprietor

Sally Hair & Beauty Supplies Limited

Interlocutory Hearing in respect of linked opposition/revocation proceedings

Result

Applications for striking out and exercise of Rule 31(3) discretion refused

Points Of Interest

• 1. Rule 31(3) - (which the Hearing Officer regarded as a procedural requirement, and which the registered proprietor had met) should not be used as a means of exercising what would amount to a summary judgement against them.

Summary

The applicants sought the striking out of evidence filed by the opponents/registered proprietor - specifically those parts which claimed that sales had been made to the general public via retail outlets, and also, in exercise of the Registrar’s discretion under Rule 31(3), that the proprietor’s opposition to the revocation action be treated as withdrawn. The Hearing Officer, however felt that the evidence would best be judged in the course of a Main Hearing. He declined to strike out the evidence or exercise the Registrar’s discretion under Rule 31(3).

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