Trade mark decision

BL Number

O/084/04

Decision date

20 January 2004

Appointed Person

Mr Geoffrey Hobbs KC

Mark

LEATHER MASTER

Classes

02, 03, 37

Applicant

K.M.L. Invest AB

Opponent

Uniters S.p.A

Opposition

Failure to file Form TM8 in Opposition proceedings. Application deemed abandoned. Request by applicant to allow proceedings to continue.

Result

Failure to file TM8 - Appeal dismissed. Application deemed abandoned.

Points Of Interest

• 1. See also Hearing Officer’s decision dated 2 April 2003 (BL O/090/03).

Summary

This was an appeal from the Hearing Officer’s decision of 2 April; 2003 (BL O/090/03) in which he decided that the provisions of Rule 13(6) of the Trade Marks Rules 2000 were mandatory and that the application should be deemed abandoned.

Before the Appointed Person the applicant relied upon essentially the same arguments as before the Hearing Officer. They contended that they had in substance complied with the requirements of Rule 13(3) and in any event they should be granted relief from the provisions for Rule 13(6).

The Appointed Person carefully examined the applicable Section of the Trade Marks Act 1994, Section 66 which required the use of forms and the associated Rule 3 of the Trade Marks Rules 2000. The use of forms was mandatory and while information might be provided by way of counterstatement and letter this was insufficient to comply with Rule 13(3). The requirements of Rule 13(6) followed and the application must be deemed abandoned.

The Appointed Person also considered Rule 68(1) and (3) and confirmed that the Registrar had no power to grant an extension. Nor could Rules 57 and 66 assist the applicant.

Full decision O/084/04 23Kb