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 PDF document218Kb