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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MINISTRY OF SOUND (Trade Mark: Appointed Person) [2003] UKIntelP o13603 (17 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o13603.html
Cite as: [2003] UKIntelP o13603
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MINISTRY OF SOUND (Trade Mark: Appointed Person) [2003] UKIntelP o13603 (17 April 2003)
For the whole decision click here: o13603
Trade mark decision
- BL Number
- O/136/03
- Decision date
- 17 April 2003
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- MINISTRY OF SOUND
- Classes
- 09
- Applicant
- Ministry of Sound Recordings Limited
- Opponent
- Virgin Records Limited
- Appeal against the granting of an extension of time for appeal, in opposition proceedings
Result
Appeal against the extension of time, dismissed.
Points Of Interest
- 1. Extensions of time in appeals to the Appointed Person.
- 2. Public interest: Registrar able to use own initiative and not bound to act only in accordance with the request of a party.
Summary
At first instance (see BL O/304/02) the Registrar’s Hearing Officer had allowed the applicants an extension of time in which to file an appeal against the decision in the substantive proceedings (see BL O/099/02). The opponents appealed to the Appointed Person, contesting the extension .
Having reviewed the matter the Appointed Person ruled that it had been within the latitude allowed to the Hearing Officer in the exercise of his discretion to reach the conclusion he had on the basis of the materials that were before him. The appeal was dismissed.