Trade mark decision

BL Number
O/207/06
Decision date
24 July 2006
Hearing Officer
Mr C Bowen
Mark
THE DRUNKEN MONKEY
Classes
41, 43
Applicant
The Drunken Monkey Limited
Opponent
Nine Dots LLC
Interlocutory Hearing in respect of requests for extensions of time in Opposition Proceedings.

Result

Extensions of time granted, and time allowed for corrections of deficiencies in the evidence.

Points Of Interest

  • 1. Extensions of time.
  • 2. Witness statements : Registry’s practice in relation thereto.
  • 3. Correction of deficiencies in evidence.

Summary

The opposition had been brought on Section 5(2)(b) and Section 5(3) grounds. The Registry issued a Preliminary Indications that the Section 5(2)(b) ground could not succeed. The opponents, a foreign company, were thus dependant on UK customer firms for evidence of reputation for the purposes of Section 5(3). This resulted in a number of requests for extension of time and also involved certain defects in the evidence.

A hearing was held to resolve those matters and this decision sets out the Hearing Officer’s reasons.

Full decision O/207/06 PDF document88Kb