Trade mark decision

BL Number

O/331/04

Decision date

3 November 2004

Hearing officer

Mr K Bader

Mark

EASY TOP

Classes

25

Applicant

Socks Direct Limited

Opponent

Matalan Plc

Interlocutory hearing in relation to the filing of evidence in Opposition Proceedings

Result

Extension of time refused; opposition to be confined to Section 5(2)(b). Opponent required to confirm that they would make submissions in respect of their objections.

Points Of Interest

• 1. Consideration of factors relevant to the granting of an extension of time.

Summary

The Registry had taken a preliminary view that the opponent should be granted an extension of time in which to file evidence under Rule 13(7). A hearing was arranged to decide this point.

The opponent stated that their difficulties arose from the recent purchase of a portfolio of EASY trade marks; much historical information was still with the previous owners.

Following the hearing, the Hearing Officer refused the extensions of time. The consequence of this refusal was that the opposition would be confined to Section 5(2)(b) and would be allowed to continue if the opponent confirmed that they would make submissions in respect of it, either in writing or at a hearing.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o33104.html