Trade mark decision
- BL Number
- O/365/07
- Decision date
- 14 December 2007
- Hearing Officer
- Mr C Bowen
- Mark
- KINDERMUSIK & KINDERMUSIK (stylised) (series of two)
- Classes
- 16, 41
- Applicants
- Kindermusik International, Inc
- Opponents
- Kent Music
- Opposition
- Interlocutory hearing in respect of a request by the applicants that the opposition be struck out.
Result
Request for action to be struck out, refused.
Points Of Interest
- Registrar’s power to strike out the opponent’s Statement of Grounds.
Summary
The applicants sought to have the action struck out and provided a detailed analysis of the applicants’ evidence filed up to that point. The Hearing Officer, whilst noting that the Registrar had an inherent power to strike out proceedings, declined to do so. The evidence rounds were not yet complete and he was not prepared to conclude at this stage that the opponents had no realistic prospect of success.
Full decision O/365/07 
218Kb
