Trade mark decision

BL Number

O/077/02

Decision date

15 February 2002

Hearing Officer

Mr J MacGillivray

Mark

BAT OUT OF HELL

Classes

09, 16, 25, 41

Applicant

Meat Loaf

Opponent

Nicholas Dynes Gracey

Opposition

Opposition deemed abandoned in error

Result

Registered mark removed from the Register. Status amended to pending and opposition proceedings reinstated.

Points Of Interest

• Earlier decisions: 1. Hearing Officer 18 October 2000 (BL O/390/00)
• 2. Appointed Person's Interim decision 11 May 2001 (BL O/231/01)
• 3. Appointed Person's decision 19 September 2001 (BL O/455/01)
• 4. The opponent appealed on the basis that he had not been offered a hearing and asked that the words "However, I note that the Registrar has no power to award costs against herself", be struck out. Appeal allowed and words struck out. (See BL O/398/02)

Summary

These proceedings have had a chequered history as follows:-

The opponent filed opposition within the time allowed and the applicant filed a counterstatement.

Because of a mis-understanding the opposition was deemed abandoned and the mark at issue proceeded to registration.

The opponent sought the Registrar's reasons in writing and her decision dated 16 October 2000 (BL O/390/00) was issued. In that decision the Registrar recognised that an error had occurred but decided that as the mark was on the Register she had no powers to remove it and return the proceedings to pending opposition proceedings.

The opponent appealed the Registrar's decision to the Appointed Person. In his decision dated 19 September 2001 (BL O/455/01) the Appointed Person decided that the Registrar had powers to correct irregularities in procedure and remitted the proceedings to the Registrar for further consideration.

The Hearing Officer considered the background to the proceedings and concluded that there had been an irregularity in proceedings at the outset in that the opponent had been denied the right to be heard and that therefore the mark at issue had proceeded to registration in error.

In the light of the Appointed Person's decision as regards the Registrar's powers to correct an irregularity in procedure, the Hearing Officer ordered that the mark at issue be removed from the Register and that these proceedings revert to pending opposition. The removal of the mark to be advertised in the Trade Marks Journal and a hearing to be arranged to decide the substantive dispute.

Full decision O/077/02 11Kb