Trade mark decision

BL Number

O/031/06

Decision date

27 January 2006

Hearing Officer

Mrs A Corbett

Mark

CLAYSTOP

Classes

19

Applicant

Sols & Fondations

Opponent

Magnex Limited

Interlocutory hearing concerning various matters arising in Opposition proceedings.

Result

Cross-examination of witnesses: - Agreed.

Amendment of grounds of opposition: - Refused.

Points Of Interest

• 1. Amendment of pleadings

Summary

Both sides had applied for permission to cross-examine witnesses and, at a very late stage, the opponent applied for permission to amend the grounds of opposition, seeking to introduce two new grounds of attack, under Sections 3(1)(b) and 3(1)(c).

A hearing was arranged, following which cross-examination of the witnesses was agreed, but the application for amendment of the grounds of opposition was refused.

The opponent asked for written reasons for the refusal; this decision set out the Hearing Officer's reasons.

Full decision O/031/06 32Kb