Trade mark decision

BL Number
Decision date
1 December 2005
Hearing Officer
Mr C Bowen
09, 16, 25, 28, 38, 41
Ian Fleming Publications Limited
Danjaq LLC
Interlocutory hearing in relation to Opposition proceedings brought under Sections 5(2)(b), 5(3) & 5(4)(a)


Extension of time granted. -

Points Of Interest

  • 1. Additional information provided at a hearing.
  • 2. Costs in proceedings before the Registrar.


Following the filing of notice of opposition and counterstatement the Registry had issued a Preliminary Indication, notifying the opponent that the opposition under Section 5(2)(b) was likely to fail, but allowed a month for the filing of Form TM53 if they wished to proceed to the evidence stages. The opponent duly filed TM53 and was allowed a period of three months in which to file evidence-in-chief.

The opponent subsequently sought an extension of time and gave reasons for the request. The registry indicated their willingness to grant the extension but the applicant objected and a hearing was arranged. Following the hearing, at which the Registry had confirmed the extension, the applicant sought a written statement of the reasons for the Hearing Officer's decision.

BLO/315/05 sets out those reasons. The Hearing Officer made no order as to costs, as his decision to grant the extension was largely due to additional information provided at the hearing.

Full decision O/315/05 PDF document37Kb