Trade mark decision

BL Number

O/080/98

Decision date

6 April 1998

Hearing officer

Miss V Douglas

Mark

RENAISSANCE

Classes

09, 17, 41, 42

Applicant

Renaissance Software Inc

Opponent

Renaissance Hotels Holdings Inc

Opposition

Refusal to admit notice of opposition because of unpaid fees.

Result

Refusal to admit notice of opposition because of unpaid fees - Refusal maintained.

Points Of Interest

• None.

Summary

The applicants had filed four separate applications under the Trade Marks Act 1938 for the mark RENAISSANCE SOFTWARE in Classes 9, 17, 41 and 42. The applications were numbered 1526251/2/3/4.

Following advertisement the opponents filed notice of opposition on the last day of the opposition period on Form TM 7 in respect of application No 1526251 and 3 others and paid a fee of £200. In fact four forms should have been filed with a fee of £200 for each opposition. The discrepancy was drawn to the attention of the opponents’ agents and they immediately filed three additional forms with the proper fees but as these forms were filed outside the period of opposition; they were rejected and the fees paid refunded.

The opponents appealed but the Hearing Officer decided that as only one fee had been paid at the relevant time, only one opposition could be accepted and the other three must be rejected. In her consideration she examined the interaction between the relevant rules in the 1994 Trade Mark Rules and the schedule to the Trade Marks (Fees) Rules 1996.

The opponents agents had a deposit account with the Patent Office and they argued that it had been open to the Registrar to draw funds from that source to fund any shortfall. They therefore submitted arguments in the context of Section 60 which allows for the correction of irregularities. However, the Hearing Officer determined that there had been no error, default or omission on the part of the Registrar and no assistance could thus be obtained from this section.