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United Kingdom Intellectual Property Office Decisions
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SWALEGAS (Trade Mark: Opposition) [2003] UKIntelP o23303 (14 August 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o23303.html
Cite as:
[2003] UKIntelP o23303
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SWALEGAS (Trade Mark: Opposition) [2003] UKIntelP o23303 (14 August 2003)
For the whole decision click here: o23303
Trade mark decision
- BL Number
- O/233/03
- Decision date
- 14 August 2003
- Hearing officer
- Mrs S Long
- Mark
- SWALEGAS
- Classes
- 04, 06, 11, 35
- Applicant
- Calor Gas Limited
- Opponent
- Scottish & Southern Energy Plc
- Opposition
- Statement of grounds for Registrar’s decision deeming application withdrawn under Rule 13(6)
Result
Application deemed withdrawn.
Points Of Interest
Summary
It was claimed that both parties had intended to enter a cooling-off period, and that that intention had been formed prior to the expiry of the deadline. Due to a misunderstanding the requisite paperwork was not filed with the Registry before that expiry.
However, the Rules allow the Registrar no discretion to extend the deadline in question, absent error, default or omission on the part of the Office. No such error had taken place. The application was therefore deemed withdrawn.