Trade mark decision

BL Number
O/201/08
Decision date
15 July 2008
Appointed Person
Mr Geoffrey Hobbs QC
Mark
IN THE PINK
Classes
16
Applicant
Gerard Dugdill
Opponent
Xcess Media Limited
Opposition
Appeal to the Appointed Person re granting of extension of time to opponent to file evidence in reply

Result

Appeal to the Appointed Person on grant of extension of time: Appeal dismissed.

Points Of Interest

  • None

Summary

In his decision dated 1 November 2007 (BL O/320/07) the Hearing Officer allowed the opponent an extension of time within which to file its evidence in reply.

On appeal the applicant submitted that the opponent had provided inadequate reasons for the delay in filing its evidence in reply and the Hearing Officer had been wrong to grant the extension requested.

The Appointed Person noted that he could only set aside the Hearing Officer’s decision under Section 76 of the Act on the basis of manifest error on serious procedural irregularity. The Appointed Person carefully reviewed the Hearing Officer’s reasoning and concluded that he had arrived at a fair and just decision and had taken all the relevant factors into account. Appeal dismissed with costs.

Full decision O/201/08 PDF document30Kb