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Trade mark decision

BL Number
Decision date
7 June 2004
Hearing officer
Mr O Morris
Registered Proprietor
Martin McCarthy
Applicants for Revocation
House of Worth Limited
Interlocutory hearing of a request for an extension of time in Revocation proceedings


Extension of time granted : available evidence admitted.

Points Of Interest

  • Costs in respect of interlocutory hearings before the Registrar.


The applicant for revocation sought an extension of time in which to file evidence in support of their applications. The registered proprietor objected. On the date of the hearing the evidence was to hand. Because negotiations were in progress the applicant had assumed that a delay in filing was acceptable.

After due consideration and in the light of the relevant case law and practice the Hearing Officer granted the extension of time and thus admitted the evidence.

However, as no advance warning that the evidence was to hand had been given to the registered proprietor the Hearing Officer made an award of costs in his favour.

Full decision O/163/04 PDF document41Kb