Trade mark decision

BL Number
Decision date
17 November 2003
Hearing Officer
Mr O Morris
Easygroup IP Licensing Limited
Orange Personal Communications Services Limited
(1) Request to amend grounds of opposition. (2) Request for an extension of time to file evidence.


1. Request to add additional ground: - Request refused.

2. Request for an extension of time: - Request allowed.

Points Of Interest

  • 1. None


The request for an extension of time by the opponent was granted and there was no appeal by the applicant.

The opponent’s present grounds of objection included Section 5(2)(b) of the Act which relates to similar marks for identical or similar goods, as those of the applicant. In this case the opponent relies on two registered marks for the colour orange as applied to packaging and/or advertising and promotion materials. The opponent asked to add a further ground under Section 5(1) of the Act which relates to identical marks in relation to identical goods as those of the applicant.

The Hearing Officer accepted that in general he should allow the amendment requested but only if the new ground had some chance of success. In this case as all the applicant’s marks incorporated a word element he was satisfied that in no circumstances could they be considered identical to the opponents mark. Request to add additional ground refused.

Full decision O/354/03 PDF document56Kb