Trade mark decision

BL Number

O/333/04

Decision date

8 November 2004

Hearing officer

Mr C Bowen

Mark

Michaels DRINKS STOP

Classes

35

Applicant

Michaels Foodmarket, Michaels Drinkstop Ltd & Michaels Wholesale Ltd

Opponent

Drinkstop Ltd

Interlocutory hearing to determine the legal status of the applicants in Opposition Proceedings

Result

Form of application amended; a new date set for the filing of evidence.

Points Of Interest

• 1. Legal personality of applicant; partnerships at will; trading style.
• 2. Witness statements.
• 3. Amendments to form of application.

Summary

The opponent claimed, inter alia, that Michaels Foodmarket was not a legal entity and hence could have no bona fide intention of using the mark. The application did not meet the requirements of Section 32; a filing date should not have been accorded and even if the application form were amended a new filing date should be given.

Correspondence between the applicants and the Registry ensued. Michaels Foodmarket, it emerged was the trading style of a partnership at will of three named individuals.

A hearing was arranged to settle the matter of an amended form of application and the appropriate filing date it should be given.

In the result the Hearing Officer ruled that there had been no change in the proprietorship of the application; the error in the application was correctable under the provisions of Section 39(2)(a); the pleadings should be amended and ‘on the initiative of the Registrar’ a new date was set for the filing of the opponent’s evidence-in-chief.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o33304.html