Trade mark decision

BL Number
O/088/05
Decision date
31 March 2005
Hearing Officer
Mrs A Corbett
Mark
THE COMPANY SHOP
Classes
35, 36, 42
Applicant
Raymond Morris Group Limited
Opponent
C.S. Business Ltd
Opposition
1. Section 5(4)(a) 2. Amendment of errors in Form TM7

Result

Amendment of errors in Form TM7: - Request allowed. Seven day period set for the filing of a properly amended Form TM7.

Points Of Interest

  • 1. None

Summary

The opponent filed opposition within the relevant period but made a number of errors in completing the Opposition Form TM7 as follows:-

The opponent inserted the name of the applicant where it should have inserted the name of the opponent

It lodged opposition in the name of the trading style "The Company Shop" rather than the proper name of the business C.S. Business Limited.

Rather than specifying the relevant Sections under which it was opposing the application, it inserted the Classes of the application.

The opponent did not specify the rights relied upon for opposition under Section 5(4)(a), eg use of its mark. Subsequently, correspondence and contact took place between the opponent and the Registry and the opponent was given an opportunity to amend the Form TM7. In the amended Form the ground of opposition was shown as 54A rather than 5(4)(a) and again this had to be corrected.

The applicant objected to the acceptance of the opposition and pointed to the numerous errors. It claimed that the opponent had inserted its trading style rather than the company name and submitted that this was a different legal entity. Therefore, the opposition should not be accepted. The opponent claimed to be unfamiliar with the opposition procedure and the Form TM7. In its view opposition had been lodged and the errors made were capable of amendment.

The Hearing Officer after hearing the parties, concluded that most of the errors were obvious or minor and therefore could be amended. In relation to the company name aspect she was conscious of the fact that Registry advice had been confusing and inaccurate. In conclusion the Hearing Officer allowed the opponent a period of seven days to submit a properly amended Form TM7 and the opposition proceedings would then continue.

Full decision O/088/05 PDF document32Kb