Trade mark decision

BL Number: O/063/07
Decision date: 27 February 2007
Hearing Officer: Mrs A Corbett
Mark: DATACOM (stylised and device)
Classes: 38
Applicant: isdn datacom Limited
Opponent: MasterCard International Inc
Interlocutory Hearing in Opposition Proceedings

Result

Application deemed withdrawn.

Points Of Interest

Non-extendibility of periods specified in Rules 68(3).

Summary

After the filing of a notice of opposition, Form TM7 a cooling off period (form TM9c) was sought and granted; the applicant was advised that the period granted, once expired, could not be further extended. No form TM8 was received within the specified period and the application was therefore deemed to have been withdrawn. The applicants sought a hearing on the matter, stating that the person dealing with the application had left the company without informing anyone about the need for a TM8 by the date specified.

In view of the non-extendibility of the period specified and the absence of any discretion granted to the Registrar by the Act or the Rules, the Hearing Officer had to confirm that the application was indeed deemed to have been withdrawn.

Full decision O/063/07 67Kb