Trade mark decision

BL Number

O/187/02

Decision date

29 April 2002

Hearing Officer

Mr M Knight

Mark

WINFIELD

Classes

03, 06, 08, 09, 11, 12, 14, 20, 21, 24, 27, 30, 32, 37, 41, 42

Applicant

Winfield Shoe Co Ltd

Opponent

American Cigarette Company (Overseas) Ltd

Interlocutory Ruling in Opposition Proceedings

Result

Amendments to TM 7 permitted.

Amended counter-statement not admitted to the proceedings.

Points Of Interest

• 1. Amendment of errors in procedure

Summary

An extended process of pleadings resulted in a query as to the number and identity of the opponents. Was there a clerical error and could it be amended? On several occasions where it would have been possible, the applicants raised no query. The Hearing Officer concluded that there had been a clerical error and it was waiving the powers of the Registry to allow a correction.

Full decision O/187/02 37Kb