Trade mark decision

BL Number

O/382/00

Decision date

10 October 2000

Hearing Officer

Mr M Knight

Mark

LOGICAL

Classes

37, 42

Applicants

Logical Networks Plc

Opponents

Logica Plc

Interlocutory Hearing of a request to admit Form TM 7 and Statement of Grounds in Opposition Proceedings

Result

Request to admit Form TM 7 refused.

Points Of Interest

• Failure to pay the correct TM 7 filing fee within the opposition period is not an irregularity which can be corrected under Rule 66.

Summary

A form TM 7 had been filed by facsimile on the last day of the three months period allowed for the filing of notices of oppositions, but as there were insufficient funds in the filer’s deposit account the document was not allowed a filing date as of that day, and hence was out of time.

A hearing was arranged, to consider the opponents’ request that it be admitted. Following the hearing the decision to refuse the admission of the TM 7 was confirmed and the Hearing Officer was asked to give his reasons in writing.

The Hearing Officer held to the view that the statutory provisions required the filing of a TM 7 and its requisite fee to be effected at the same time. The rules did not allow the period for filing an opposition to be extended. Neither was failure to effect a filing within the prescribed period an irregularity in procedure which could be rectified under Rule 66.

Full decision O/382/00 33Kb