Trade mark decision

BL Number

O/072/01

Decision date

13 February 2001

Hearing officer

Mr J Parker

Mark

LIBERTY LIQUORS

Proprietor

Liberty Liquors Ltd (Assignee: Kartelle Nominees Pty Limited)

Applicants for Revocation

Karlsberg Brauerei KG Weber (in respect of Registration No 1367267), and Liberty Liquors Ltd (in respect of Registration No 1367268)

Revocation

Section 46(1), and requests under Rule 68 for extensions of time under Rule 31(4) of Trade Mark Rules 2000.

Result

Request under Rule 68 for extension of time under Rule 31(4) refused, and applications deemed withdrawn under Rule 31(5).

Points Of Interest

• 1. None

Summary

The applicants, having been granted an extension of time of 3 months in which to file evidence in support under Rule 31(4), then sought a further 3 months extension which the proprietors had previously indicated would be vigorously contested. This further request having been refused by the Registry, the matter came to be considered at an interlocutory hearing where the Hearing Officer upheld that refusal and deemed the application withdrawn in accordance with Rule 31(5). In his statement of reasons for that decision the Hearing Officer relied on the usual case law to support his finding that the applicants had not shown adequate reasons to justify further indulgence and that their application should accordingly be deemed withdrawn.