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Trade mark decision

BL Number
O/162/04
Decision date
4 June 2004
Hearing officer
Dr W J Trott
Mark
LIVING TV
Classes
09, 16, 38, 41, 42
Applicant
Flextech Television Limited
Opponent
IPC Media Limited
Opposition
Request by applicant for a stay in proceedings to await outcome of revocation proceedings involving the opponent's mark LIVING.

Result

Request for a stay of proceedings - Request refused

Points Of Interest

  • None.

Summary

Registration of the marks in suit were opposed by IPC in part on the basis of its ownership of the registered mark LIVING which is registered in Class 16 in respect of "printed periodical publications". On the day prior to the hearing of the opposition proceedings, the applicant filed an application for the revocation of IPC’s registration. At the hearing the applicant asked for a stay in the issue of the decision in the opposition proceedings until the outcome of the revocation proceedings was decided.

The Hearing Officer allowed the applicant a period of time to submit reasons for its request, which was opposed by IPC and this led to a further hearing to decide the matter.

The Hearing Officer considered the request for a stay in the opposition proceedings carefully but decided that a stay should not be granted. He noted that these parties have been in dispute for some time and that the applicant had had ample opportunity to launch revocation proceedings at a much earlier date, even before the date of the present opposition proceedings. They had not done so until the very last minute and additionally had given insufficient reason for the delay. Request refused.

Full decision O/162/04 PDF document34Kb