Trade mark decision
- BL Number
- O/163/04
- Decision date
- 7 June 2004
- Hearing Officer
- Mr O Morris
- Mark
- WORTH/HOUSE OF WORTH
- Classes
- 23
- Registered Proprietor
- Martin McCarthy
- Applicants for Revocation
- House of Worth Limited
- Interlocutory hearing of a request for an extension of time in Revocation proceedings
Result
Extension of time granted : available evidence admitted.
Points Of Interest
- Costs in respect of interlocutory hearings before the Registrar.
Summary
The applicant for revocation sought an extension of time in which to file evidence in support of their applications. The registered proprietor objected. On the date of the hearing the evidence was to hand. Because negotiations were in progress the applicant had assumed that a delay in filing was acceptable.
After due consideration and in the light of the relevant case law and practice the Hearing Officer granted the extension of time and thus admitted the evidence.
However, as no advance warning that the evidence was to hand had been given to the registered proprietor the Hearing Officer made an award of costs in his favour.
Full decision O/163/04 41Kb