Trade mark decision

BL Number
O/255/06
Decision date
8 September 2006
Appointed Person
Professor Ruth Annand
Mark
YOUNG BOND
Classes
09, 16, 25, 28, 38, 41
Applicants/Appellants
Ian Fleming Publications Limited
Opponents/Respondents
Danjag LLC
Opposition
Appeal to the Appointed Person against an interlocutory decision of the Registrar’s Hearing Officer in Opposition proceedings.

Result

Appeal dismissed.

Points Of Interest

  • 1. See BL O/315/05
  • 2. Appointed Persons; possible conflict of interest; option of referral to the Court.

Summary

At the interlocutory hearing below the Hearing Officer had granted the opponents an extension of time for the filing of evidence after taking into account reasons which had only been advanced at the hearing.

The applicants appealed against this decision, claiming that the reasons given constituted a fresh application for an extension, and in any case the reasons given were insufficient to justify the extensions.

Having reviewed the matter the Appointed Person found that the Hearing Officer decision had been neither unreasonable nor plainly wrong. The appeal failed accordingly. The Appointed Person also recorded her consideration of a preliminary matter concerning a possible conflict of interest in the case of each of the Appointed Persons and the steps which could be taken if the parties could not agree on the Appointed Person selected. In the event the parties agreed, at the hearing, to be heard by Professor Annand but she decided to include an account of the matter in her decision, to ensure a proper record.

Full decision O/255/06 PDF document37Kb