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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Michaels DRINKS STOP (Trade Mark: Opposition) [2005] UKIntelP o16805 (15 June 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o16805.html Cite as: [2005] UKIntelP o16805 |
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For the whole decision click here: o16805
Result
Appeal withdrawn; costs awarded to applicants.
Points Of Interest
Summary
Before the Registrar the opponent had objected to an amendment of the form of application and had contended that if the amendment were accepted a new filing date should be accorded. Following an interlocutory hearing (see BL O/333/04) the Registry dismissed both these objections, but did set a new date for the filing of the opponent's evidence. The opponent appealed to the Appointed Person, who began by noting that there is no provision in the Act or the Rules for opposition to a request for such an amendment. It is a matter between the applicant and the Registrar. If the request is rejected the applicant can appeal under Section 76(1); if a third party wishes to challenge the decision they may apply to the Court for permission to do so by way of judicial review. Why the Registry had proceeded on the basis that the matter ought to be determined adversarially was not apparent to the Appointed Person.
A hearing before the Appointed Person had established that the opponent's objection was in fact an application for correction of a procedural irregularity under Rule 66. Submissions in writing were invited but in the event the appeal was withdrawn. The only issue before the Appointed Person, therefore, was the applicants' request for costs, which was granted.