Trade mark decision

BL Number

O/158/03

Decision date

12 June 2003

Hearing Officer

Mr M Knight

Mark

POPSTAR MAKER

Classes

09

Applicant

Eidos Interactive Ltd

Opponent

Magnus Fahlen

Opposition

Decision on a request by the opponent to admit a further witness statement into opposition proceedings

Result

Request for admission of further material refused.

Points Of Interest

• 1. Late request for admission of additional material.
• 2. Suspension of proceedings pending appeal on preliminary points

Summary

This was the second of two requests to admit further material into the proceedings (see also BL O/157/03), in this instance, a statement bearing on ownership of the disputed mark. The status and purpose of the document to be admitted was unclear and, noted the Hearing Officer, unlikely to be determinative of the outcome of the substantive proceedings.

Without it, however, the opposition had no basis and matters would have to proceed by way of an invalidity action. Whilst noting that multiple proceedings were inherently undesirable the Hearing Officer ruled that the new material should not be admitted. Since this refusal was likely to be the subject of an appeal, either to the court or to the Appointed Person, the opposition was in effect suspended until the outcome of the appeal could be known

Full decision O/158/03 19Kb