Trade mark decision

BL Number
O/055/08
Decision date
17 January 2008
Appointed Person
Mr Richard Arnold QC
Mark
VIRGIN SMILE
Classes
10, 21
Applicant for Invalidity
Virgin Enterprises Limited
Registered Proprietor
Roberto Giordan
Invalidity
Extension of time allowed to the applicant. Appeal to the Appointed Person.

Result

Extension of time allowed: Appeal dismissed.

Points Of Interest

  • The Appointed Person observed that appeals against management decisions such as those in respect of extensions of time should be discouraged. Costs of £500 awarded to the applicant.

Summary

In his decision dated 29 August 2007 (BL O/250/07) the Hearing Officer allowed the applicant an extension of time within which to file its evidence. The registered proprietor appealed to the Appointed Person claiming that the Hearing Officer had failed to apply the principles of Siddique’s application; had failed to seek adequate explanations from the applicant and had given too much weight to the possibility of further proceedings if these proceedings did not continue to a conclusion.

The Appointed Person carefully reviewed the Hearing Officer’s decision and the submissions of the registered proprietor. In his view the Hearing Officer had applied the appropriate principles and had taken all the relevant considerations into account in reaching his decision. Appeal dismissed and costs awarded to the applicant.

Full decision O/055/08 PDF document35Kb