Trade mark decision

BL Number: O/304/02
Decision date: 29 July 2002
Hearing Officer: Mr C Bowen
Mark: CLUB NATION
Classes: 09
Applicants: Ministry of Sound Recordings Limited
Opponents: Virgin Records Limited; Interlocutory hearing in respect of an appeal to the Appointed Person in Opposition Proceedings

Result

Applicants’ request for extension of time in which to file an appeal granted. -

Points Of Interest

1. Extensions of time in appeals to the Appointed Person.
2. Consolidation of proceedings : "the decision of the Registrar" to be appealed.
3. Correction of "technical" irregularities.
4. Public interest
5. Costs.

Summary

Following a hearing of the substantive opposition the Registrar’s Hearing Officer had found for the opponents, in respect of all 16 applications. (See BL O/099/02). The applicants stated their intention to appeal that decision to the Appointed Person in a request for an extension of time in which to file such an appeal. The Registry gave as its preliminary view that the request should be granted. The opponents contested that view and sought a hearing.

After hearing the parties the Hearing Officer confirmed the preliminary view regarding the extension of time and thus he admitted into the proceedings the substantive appeal which the applicant had subsequently filed. However, he awarded costs to the opponents in respect of the hearing at the upper end of the published scale, in view of the fact that "had the form TM9 been correctly completed (the hearing) might have been unnecessary". In the course of his decision the Hearing Officer ruled that whilst the oppositions had not been consolidated the filing of a single appeal was acceptable since it was clear that it was the applicants intention to appeal the decision "as a totality". Even if he were wrong in this, he said, he would have exercised the discretion granted by Rule 66 to correct the irregularity.

In the event the extension of time was granted but costs were awarded to the opponents.

Full decision O/304/02 48Kb