For the whole decision click here: o37501
Result
Appeal successful; re-hearing ordered.
Points Of Interest
Summary
The Registrar’s decisions (BL O/376/00; BL O/377/00 and BL O/378/00 were appealed to the Appointed Person on the ground that Mr Gracey had not been given fourteen days notice of the hearing as required by the Trade Marks Rules.
The Appointed Person considered the following questions:-
Was due notice given;
Was there consent to short notice;
Could short notice nevertheless be deemed sufficient;
Should (the Appointed Person) consider whether the interim applications were hopeless?
His conclusions were:-
Neither party received due notice of the hearing on 10 August 2000, because the period during which they were under notice of it was in each case less than the period required by the Rules;
Mr Gracey had not consented to the short notice;
The Principal Hearing Officer had no power to abridge the period of 14 days laid down by the Rules;
For the Appointed Person to consider the merits of the interim application would simply be to compound the breach of procedure.
The Appointed Person allowed the appeal and directed that the Principal Hearing Officer’s determinations in the opposition proceedings be set aside and the interim application be listed for hearing before a different Hearing Officer. The Principal Hearing Officer’s order for costs in favour of Gillette was also set aside.