Trade mark decision

BL Number
Decision date
28 June 2001
Hearing Officer
Mr M Knight
Applicants for Invalidation & Revocation
David Lawrence MeltonSterling Safety LtdFiretrace Ltd
Registered Proprietor
Firetrace Ltd
Interlocutory Hearing
Late filing of Form TM 8 and Counterstatements in Invalidation and Revocation proceedings.


Registered proprietors not allowed to file Form No 8 and counterstatements but allowed to file a response under Rule 57.

Points Of Interest

  • Discretion: Rules 32 (3) and 33 (3) give the Registrar a discretion to allow the Registered Proprietors to remain a party to the proceedings, even if they do not file a Form 8 and counterstatement.


Following the filing of Invalidation and revocation proceedings, the Registered Proprietors had until 2 June 2001 to file Form TM 8 and Counterstatements in the proceedings. In the event these documents were not filed by the due date and the proprietors agent wrote on 9 June 2001 to say why the deadline had been missed - the assistant dealing with the case had left the firm suddenly and had not recorded the due dates, the firms principal had suffered ill health and there had been a temporary loss of files due to refurbishment. They asked that the proprietors be allowed to remain a party to the proceedings and to file evidence in support of the registration. The Registry refused this request and the proprietors agents requested a hearing.

The wording of Rules 32 (2), (3) and (8) and 33 (2) and (8) indicate that the Registrar has a discretion to allow a party to remain a party to the proceedings even if no Form TM 8 and counterstatement has been filed. The time to file such documents cannot be extended (Rule 68) but in this case the Hearing Officer directed that the registered proprietors should file a letter as a response to the applications (Rule 57) and he further directed that they would be allowed to file evidence in the proceedings.

Full decision O/278/01 PDF document35Kb