Trade mark decision

BL Number

O/101/00

Decision date

3 February 2000

Appointed Person

Mr S Thorley QC

Mark

DAVID PAGE

Classes

25

Applicants/Respondents

David Charles Page

Opponents/Appellants

Palmon (Overseas) Limited

Opposition

Appeal to the Appointed Person against the Registrar’s decision (BL O/156/99)

Result

Decision (BL O/156/99) set aside, and the matter remitted to the Registrar for further consideration.

Points Of Interest

• 1. Use of Rule 13(9)

Summary

The original oppositions had been against the divided applications separately - these were later consolidated - but the grounds were not amended. The appointed person found that one of the two sets of pleadings did not allege bad faith - but the other did. As a result of some confusion and ambiguity in the correspondence - applicant/opponents/Registry - this and other matters were not clarified - and the Section 3(6) ground therefore was not considered. He remitted the matter to the Registrar for further consideration.

Full decision O/101/00 387Kb