Trade mark decision

BL Number
O/214/01
Decision date
2 May 2001
Hearing Officer
Mr R A Jones
Mark
POIROT
Classes
33
Applicant
Babco International Ltd
Opponent
Agatha Christie Ltd
Opposition
Interlocutory hearing in regard to request by applicant under Rule 62 of the Trade Marks Rules 1994 (as amended) for extension of time allowed under Rule 13(6) to file evidence in support of the application.

Result

Rule 62 request allowed.

Points Of Interest

  • None

Summary

Having sought and been granted three extensions of time, totalling about 6 months, in which to file evidence due under Rule 13(6) of the Trade Marks Rule 1994 (as amended), the applicant then filed the evidence about 2 months after the third deadline. Following an interlocutory hearing, the Hearing Officer granted a further extension of time to allow the evidence into proceedings.

In his written grounds for his decision, and following the usual precedents (notably the Liquid Force case), he justified his decision as taking the "fair and reasonable" option, taking due account of an extension of time allowed to the opponent for filing its evidence, and being persuaded that the matter had been kept under active consideration and was actively pursued by the applicant, any delays largely arising from difficult lines of communications and the fact that parallel actions were taking place in various other jurisdictions (to which he attached due weight).

The Hearing Officer also took account of the likelihood of the applicant simply filing another application if the evidence in this case was not admitted (though this was not "determinative per se").

Full decision O/214/01 PDF document17Kb