Trade mark decision

BL Number
O/396/03
Decision date
19 December 2003
Hearing Officer
Mr M Foley
Mark
TC TIMESHARE COUNCIL
Classes
16, 35, 36, 41, 42
Applicant for Invalidity
Timeshare Council SL
Registered Proprietor
Timeshare Council
Invalidity
(1) Sections 47(1) & 2(b) based on Sections 3(6) & 5(4)(a) (2) Application of Res Judicata

Result

Res Judicata: - Application for invalidity dismissed.

Points Of Interest

Summary

The background to these proceedings related to opposition proceedings in connection with the registered mark at issue here. In those proceedings the current applicants were unsuccessful. They appealed to the Appointed Person and sought leave to file further evidence. That application was refused.

When this application for invalidity was made it was noted that the same grounds were raised as were considered in the opposition proceedings. The Registrar gave a preliminary view that Res Judicata applied and the applicants requested a Hearing. The registered proprietors also attended.

The Hearing Officer reviewed the background to the proceedings and took particular note of the comments of the Appointed Person since the applicants indicated that they wished to rely on the evidence which had been refused in the earlier proceedings. As it was not clear that such evidence would be of importance and it was not apparent that substantial evidence was available and could be filed, the Hearing Officer concluded that Res Judicata applied.

Full decision O/396/03 PDF document42Kb