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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 >> BRITISH GRAND PRIX BRITISH GRAND PRIX (a series of 2 marks) (Trade Mark: Opposition) [2007] UKIntelP o04407 (8 February 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o04407.html Cite as: [2007] UKIntelP o04407, [2007] UKIntelP o4407 |
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For the whole decision click here: o04407
Result
Request to amend grounds of opposition: Amendments allowed in part but costs awarded to applicant.
Points Of Interest
Summary
The opponent filed notice of opposition on 16 July 2004 and included, amongst others, grounds under Sections 31)(b) & (c), 3(3)(b), 3(6) and 5(4)(a). Following the filing of evidence by both parties the opponent was allowed a period of time to 9 August 2006 to file its evidence-in-reply. On 8 august it applied to amend its grounds of opposition under Sections 3(1)(b) and (c), 3(6) and 5(4)(a) and added a new ground under Section 41. The addition of this latter ground was not opposed and was therefore allowed. The other requested amendments were all opposed by the applicant.
After hearing the parties the Hearing Officer refused the amendment under Section 3(6) and one of the amendments under Section 5(4)(a) on the grounds that the requested amendments had been made at a late stage of the proceedings; that they would add to the timescale and expense of the proceedings and it was likely that the opponent would be unsuccessful in respect of the amended grounds. Costs awarded to the applicant.
