Trade mark decision

BL Number

O/482/01

Decision date

5 November 2001

Hearing officer

Mr G Rose'Meyer

Mark

DEVICE ONLY MARK

Classes

21

Applicant

Edinburgh Crystal Glass Company Limited

Opponent

Gleneagles of Edinburgh Limited

Opposition

Request to amend Statement of Grounds in Opposition Proceedings

Result

Request to amend statement of grounds in opposition proceedings. Request allowed in part.

Points Of Interest

• Difference between absolute grounds (Section 3) and relative grounds (Section 5) discussed in some detail by the Hearing Officer. A useful summary.

Summary

The opponents filed a notice of opposition to the above mark on 16 May 2000. The Registrar asked for clarification and revised grounds were submitted on 20 June 2000. Subsequently the applicants filed a counterstatement on 2October2000. On 26 January 2001 the opponents wrote to the Registrar to seek further amendment to the grounds of opposition on the basis that during preparation of the opponents’ evidence it had been concluded that there were additional grounds for opposition. At the same time amendments were proposed.

Further correspondence ensued and a hearing took place. It was agreed that the amendment to paragraph 1 could be accepted but new grounds under Sections 3(1)(a) and 3(3)(b) were refused on the basis that the reasons given related to relative grounds (Section 5) rather than absolute grounds (Section 3). There was also the fact that the reasons for the new grounds were not new since the opponents were aware of the relevant facts - an agreement between the applicants predecessors and the opponents - when they filed their opposition. Thus there was no indication that they had acted with any urgency to request the proposed amendment when the omission was discovered.

There were also requests for extensions of time to file further evidence but in the event these were not pursued.