Trade mark decision

BL Number

O/250/07

Decision date

29 August 2007

Hearing officer

Mr R Colombo

Mark

VIRGIN SMILE

Classes

10, 21

Applicant for Invalidation

Virgin Enterprises Limited

Registered Proprietor

Roberto Giordan

Invalidity

1. Section 47(1)(b) based on Sections 5(2)(b), 5(3) & 5(4)(a) 2. Interlocutory Hearing in relation to a request by the applicant for an extension of time within which to file its evidence.

Result

Request for an extension of time: Request allowed.

Points Of Interest

• The registered proprietor appealed to the Appointed Person. In his decsion dated 17 January 2008 (BL O/055/08) the Appointed Person upheld the Hearing Officer's decision and dismissed the appeal.

Summary

Following the filing of an application for a declaration of invalidity, and the filing of a counterstatement by the registered proprietor, the applicant was allowed the normal period of six weeks to 11 January 2007 to file its evidence.

On 11 January 2007 a request for an extension of two months was requested to 11 March 2007 and this extension was granted by the Registry and not objected to by the proprietor. On 12 March 2007 the applicant requested an extension of time of one month to 11 April 2007. Again the Registry agreed and again the proprietor did not object. On 11 April the applicant requested a further period of one month to 11 May 2007 to file its evidence. Again the Registry was prepared to agree but the registered proprietor objected to the grant of any more time and requested a hearing.

By the time of the Hearing on 28 June 2007 the applicant had filed its evidence. At the hearing the reasons for the requests for extensions of time were examined and the Hearing Officer determined that the reasons given were satisfactory and allowed the extension to 11 may 2007 so that the applicant’s evidence could be accepted into the proceedings and that the proceedings should proceed to a conclusion.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o25007.html