Trade mark decision

BL Number

O/215/02

Decision date

14 May 2002

Appointed Person

Mr David Kitchin QC

Mark

CLIMATE MASTER

Classes

11

Applicants/Appellants

Climatemaster Ltd

Opponents/Respondents

Climate Master Inc

Interlocutory hearing in respect of an Appeal to the Appointed Person in Opposition proceedings

Result

Leave to amend grounds and adduce further evidence, refused.

Points Of Interest

• 1. Further evidence on appeal

Summary

This was a hearing of two applications in respect of an appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer (see BL O/379/01). The appellants sought to amend the grounds of appeal and to adduce further evidence. The first point involved a consequential application to appeal against two interlocutory decisions which had preceded the hearing of the substantive opposition.

In the event the Hearing Officer refused permission both to amend the grounds and appeal and to adduce further evidence. In respect of the further evidence the Appointed Person had regard to the facts that:- the evidence could have been obtained “with reasonable diligence”, for presentation to the Hearing Officer; the issue concerned was clearly foreshadowed in the opponents’ evidence; the evidence sought to be adduced would probably not have an important influence on the result; the general evidence was very much open to challenge and might require the opponents to carry out further investigations, and thus was prejudicial to them.

Full decision O/215/02 22Kb