Trade mark decision

BL Number

O/202/00

Decision date

15 June 2000

Hearing officer

Mr R A Jones

Mark

TAM

Classes

01, 02, 17, 19, 37

Applicants

Tam International Consultants Limited

Opponents

Tam International Ltd

Opposition

Request by the applicants for an extension of time to file their evidence

Result

Request for an extension of time: - Request allowed.

Points Of Interest

• 1. None

Summary

Following the launching of opposition proceedings the opponents had filed their evidence within a period of six months. The applicants were set the standard period of three months to 16 November 1999 to file their evidence. A further period of three months to 16 February 2000 was requested on the grounds that the parties had been in negotiation and settlement of the dispute was likely. This request was granted.

On the 16 February the applicants requested a further three month period until 16 May 2000 on the basis that a settlement had been agreed in principle and only one further meeting was necessary to finalise matters. Subsequently, the opponents disputed that agreement had been reached and that the applicants should have filed their evidence within the generous period allowed.

Following further submissions from both parties advisors about their understanding of the negotiations which had taken place, an interlocutory hearing took place on 6 April 2000. At this hearing the applicants indicated that their evidence was ready to be filed and the Hearing Officer accepted it into the proceedings. He did so on the basis that the applicant had been proceeding on the basis that negotiations were proceeding smoothly and it was not until mid-February that the true position became apparent and that a settlement was not likely. In view of this uncertainty the Hearing Officer considered it reasonable to allow the period from 16 February to 6 April (the date of the hearing) for the applicants to complete and file their evidence. However, no further time beyond the 6 April allowed.