Trade mark decision

BL Number

O/329/00

Decision date

5 September 2000

Hearing officer

Mr J Parker

Mark

T. MOBILNET.

Classes

09, 14, 18

Applicants

Deutsche Telekom AG

Opponents

Telstra Corporation Limited

Opposition

Request for an extension of time within which to file opponents evidence

Result

Request for an extension of time - Request refused

Points Of Interest

• None

Summary

The mark at issue here was applied for on 27 July 1995 and advertised for opposition purposes on 15 October 1997. Following the launching of opposition proceedings the opponents were due to file their evidence by 17 May, 1998. The parties entered into negotiations with what appeared to be a good chance of success and the Registrar allowed a number of extensions which ended with a final extension to 17 April, 2000. It should be noted that the opponents’ requests for extensions of time were at all stages supported by the applicant.

The opponents requested a further extension to 17 June 2000 on essentially the same grounds as previously stated; that negotiations were ongoing; that proposals had been made which were acceptable to both parties but that further time was required to complete matters. No mention was made by the opponents that they were in the process of preparing evidence or that they intended to file evidence. The Registrar refused the request on the basis that she had already granted an extended period of almost two years and it was not clear (a) that matters would be finalised within the period requested or (b) that the opponents had taken any steps to prepare and file their evidence within the time requested. The opponents were allowed the opportunity to request a further hearing, two earlier hearings having already taken place, to argue the matter but no such request was made. The opponents merely asked the Registrar to state in writing the reasons for her refusal to grant the requested extension.