Trade mark decision

BL Number

O/136/03

Decision date

17 April 2003

Hearing officer

Mr Geoffrey Hobbs QC

Mark

MINISTRY OF SOUND

Classes

09

Applicant

Ministry of Sound Recordings Limited

Opponent

Virgin Records Limited

Appeal against the granting of an extension of time for appeal, in opposition proceedings

Result

Appeal against the extension of time, dismissed.

Points Of Interest

• 1. Extensions of time in appeals to the Appointed Person.
• 2. Public interest: Registrar able to use own initiative and not bound to act only in accordance with the request of a party.

Summary

At first instance (see BL O/304/02) the Registrar’s Hearing Officer had allowed the applicants an extension of time in which to file an appeal against the decision in the substantive proceedings (see BL O/099/02). The opponents appealed to the Appointed Person, contesting the extension .

Having reviewed the matter the Appointed Person ruled that it had been within the latitude allowed to the Hearing Officer in the exercise of his discretion to reach the conclusion he had on the basis of the materials that were before him. The appeal was dismissed.

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