Trade mark decision

BL Number
Decision date
13 May 2003
Appointed Person
Professor Ruth Annand
01, 07, 09, 12
Andrew Charles Freeman
European Battery Company Limited
Request for an appeal in opposition proceedings to be referred to the Court


Request for referral of appeal to the court, denied.

Points Of Interest

  • Request by the appellant, for referral of appeal, refused.


The appellant claimed that the appeal had been lodged with the Appointed Person under pressure of time and because no extensions of time could be obtained from the Trade Marks Registry. The Court was in fact the preferred route of appeal. The Appointed Person however did not accept that the reasons put forward amounted to such a rare circumstance as to justify a use of the discretionary power to refer which can be used even in the absence of a point of general legal importance; 'the timely obtaining of instructions as to the venue for appeal is a matter between client and representative' she observed.

Full decision O/132/03 PDF document29Kb