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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LOGICAL (Trade Mark: Opposition) [2000] UKIntelP o38200 (10 October 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o38200.html
Cite as: [2000] UKIntelP o38200
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LOGICAL (Trade Mark: Opposition) [2000] UKIntelP o38200 (10 October 2000)
For the whole decision click here: o38200
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.