Patent decision

BL number
O/171/13
Concerning rights in
Trade Mark 1488225; Patent GB2267412; Registered Designs 2022759 &2027609
Hearing Officer
Mr P Thorpe
Decision date
8 May 2013
Person(s) or Company(s) involved
Mr Andrew Hall
Provisions discussed
Rule 107 of Patent Rules 2007, Rule 74 of the Trade Mark Rules 2008 and Rule 38 of the Registered Designs Rules 2006
Keywords
Assignment, Rectification of irregularities
Related Decisions
None

Summary

A review was conducted into the registration of various assignments that were made in 2004. The review identified a number of procedural irregularities by the Office. These included not properly checking the various documents submitted with the requests to register the assignments. Hence the office failed to identify that the agreement submitted with the requests was an agreement to assign rather than an assignment. In addition none of the requests to register the assignment of the trademark, the patent or the registered designs clearly met the legal requirements for such requests. In addition the issue of whether any stamp duty had been paid was not properly considered.

Full decision O/171/13 PDF document5.12Mb