Trade mark decision

BL Number

O/033/06

Decision date

30 January 2006

Hearing Officer

Mrs A Corbett

Mark

GILLETTE VENUS

Classes

03

Applicant

The Gillette Company

Opponent

Kelemata S.p.A.

Interlocutory hearing concerning a request for transfer of opposition proceedings to the High Court and an application for a stay of proceedings.

Result

Proceedings stayed, pending outcome of the action before the Italian Courts.

Points Of Interest

• 1. Stay of proceedings.

Summary

A hearing had already been held to determine the application for transfer to the High Court. The transfer had been refused and a TM5 had been filed by the applicant seeking written grounds for the refusal. Before this could be actioned, however, the opponent sought a stay of proceedings, as the matter in issue centred on an agreement between the parties which was currently the subject of proceedings before the Italian Courts. A hearing was arranged to decide the matter of the stay of proceedings. Correspondence meantime had confirmed that the original TM5 no longer needed to be actioned.

Having considered the matter the Hearing Officer decided that the proceedings should be stayed pending the outcome of the proceedings before the Italian Courts, accepting that this might entail a lengthy delay in the proceedings before the Trade Marks Registry.

Full decision O/033/06 31Kb