Trade mark decision

BL Number

O/280/05

Decision date

17 October 2005

Hearing officer

Mr M Knight

Mark

music choice

Classes

09

Registered Proprietor

Music Choice Limited

Applicant for Invalidity

Target Brands Inc

Invalidity

(1) Section 47(1) & (2) (2) Interlocutory hearing to consider request for an extension of time

Result

Request for an extension of time: - Request allowed.

Points Of Interest

• 1. See also BL O/142/05.

Summary

Following the filing of an application for invalidity the registered proprietor was allowed the statutory period of six weeks to file a Form TM8 and Counterstatement. In the event the registered proprietor filed no response and following a preliminary hearing the Registrar's Hearing Officer refused to exercise his discretion in favour of the registered proprietor (BL O/142/05). Consequently the application is currently treated as unopposed though the Hearing Officer's decision is the subject of an appeal.

In the decision referred to above the Hearing Officer had allowed the applicant a period of six weeks to file its evidence. Some evidence was filed, including draft evidence within the period allowed and a request was made for an extension of time for a further period of six weeks to complete the evidence. The registered proprietor objected to the grant of any extension even though it subsequently transpired that the applicant completed its evidence within one day of the original date. Thus an extension of only one day was required.

The Hearing Officer considered the submissions of the two parties at a hearing and was satisfied that the applicant had made a sufficient case to justify an extension of one day and that the registered proprietor would not be prejudiced by the granting of such an extension. Extension of time allowed.