Trade mark decision

BL Number

O/371/07

Decision date

21 December 2007

Hearing officer

Ms A Michaels

Mark

SYNERGY

Classes

42

Applicants

Kathy Pavey & Julian Fidler (A Partnership)

Opponents

Synergie (Sociéte Anonyme)

Opposition

Appeal against the Hearing Officer’s refusal of an extension of time in opposition proceedings.

Result

Appeal dismissed.

Points Of Interest

• 1. Extensions of time; exercise of discretion’ “… where a decision - depends upon balancing a variety of relevant considerations there may be more than one “right answer.”
• 2. See also O/165/07.

Summary

Following the interlocutory hearing (see BL O/165/09) the Hearing Officer had refused the extension of time. The applicants appealed. After a detailed review of that decision and the grounds of the appeal, the Appointed Person conceded that another Hearing Officer might have reached the opposite conclusion on the same facts but she was not satisfied that the exercise of the Registrar discretion in this case was plainly wrong. The appeal was dismissed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o37107.html