Trade mark decision

BL Number

O/132/03

Decision date

13 May 2003

Hearing officer

Professor Ruth Annand

Mark

EBC

Classes

01, 07, 09, 12

Applicants

Andrew Charles Freeman

Opponents

European Battery Company Limited

Request for an appeal in opposition proceedings to be referred to the Court

Result

Request for referral of appeal to the court, denied.

Points Of Interest

• Request by the appellant, for referral of appeal, refused.

Summary

The appellant claimed that the appeal had been lodged with the Appointed Person under pressure of time and because no extensions of time could be obtained from the Trade Marks Registry. The Court was in fact the preferred route of appeal. The Appointed Person however did not accept that the reasons put forward amounted to such a rare circumstance as to justify a use of the discretionary power to refer which can be used even in the absence of a point of general legal importance; 'the timely obtaining of instructions as to the venue for appeal is a matter between client and representative' she observed.

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