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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POPSTAR MAKER (Trade Mark: Opposition) [2003] UKIntelP o15703 (12 June 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o15703.html Cite as: [2003] UKIntelP o15703 |
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For the whole decision click here: o15703
Result
Request for amendment of pleadings refused.
Points Of Interest
Summary
This was one of two requests by the opponents in the proceedings designated Opposition No 80513 (see also BL O/158/03). In this instance they sought to add Section 5(2)(b) to the statement of grounds. The Hearing Officer noted that the request had come very late in the day, the opponents appeared reluctant to confirm that they would not be seeking to file evidence in support of the new ground or that they would not also be seeking to add yet a further objection under Section 3(6).
A decision of the ECJ had further clarified the matter of identicality under Section 5(1) and this had given rise to the need to add a Section 5(2) ground. However, the request could have come much sooner, and Section 5(2) could well require evidence in relation to use. The applicants would have no time properly to consider their position.
The Hearing Officer refused the request for the amendment.
