Trade mark decision

BL Number: O/150/99
Decision date: 20 April 1999
Appointed Person: Mr Geoffrey Hobbs KC
Mark: SOUL EDGE
Classes: 09, 28
Applicant: Kabushiki Kaisha Namco (Namco Limited)
Opponent: The Edge Interactive Media Inc & The Edge Interactive Media Limited
Opposition: Appeal against the granting of an extension of time to an applicant for the filing of evidence

Result

Appeal against the granting of an extension of time. - Appeal dismissed.

Points Of Interest

None

Summary

Following an inter-locutory hearing in the Registry the Hearing Officer allowed the applicant an extension of time within which to file its evidence in these opposition proceedings. The opponent appealed to the Appointed Person.

A Hearing before the Appointed Person was adjourned at the last moment because the opponent wished to have more time to prepare for the hearing and arrange representation. However, the opponent did not appear at the rearranged hearing to present any arguments in support of its appeal. The Appointed Person stated that he had considered the papers before him and concluded that the Hearing Officer had been entitled to reach the decision he did on the materials before him. Appeal dismissed.

Because of the late cancellation of the first hearing and because the opponent did not appear at the second hearing there was a request that costs should be above the normal scale. Unusually the Registrar also asked for costs because of the conduct of the opponent. The Appointed Person awarded the Registrar his travel costs and normal scale costs to the applicant.

Full decision O/150/99 18Kb