Trade mark decision

BL Number

O/157/03

Decision date

12 June 2003

Hearing Officer

Mr M Knight

Mark

POPSTAR MAKER

Classes

09

Applicant

Eidos Interactive Ltd

Opponent

Magnus Fahlen

Opposition

.Decision on request to amend pleadings in opposition proceedings

Result

Request for amendment of pleadings refused.

Points Of Interest

• 1. Amendment of pleadings.
• 2. Evidence might be required in Section 5(2) cases, in relation to actual or possible confusion.

Summary

This was one of two requests by the opponents in the proceedings designated Opposition No 80513 (see also BL O/158/03). In this instance they sought to add Section 5(2)(b) to the statement of grounds. The Hearing Officer noted that the request had come very late in the day, the opponents appeared reluctant to confirm that they would not be seeking to file evidence in support of the new ground or that they would not also be seeking to add yet a further objection under Section 3(6).

A decision of the ECJ had further clarified the matter of identicality under Section 5(1) and this had given rise to the need to add a Section 5(2) ground. However, the request could have come much sooner, and Section 5(2) could well require evidence in relation to use. The applicants would have no time properly to consider their position.

The Hearing Officer refused the request for the amendment.

Full decision O/157/03 15Kb