For the whole decision click here: o31505
Result
Extension of time granted. -
Points Of Interest
Summary
Following the filing of notice of opposition and counterstatement the Registry had issued a Preliminary Indication, notifying the opponent that the opposition under Section 5(2)(b) was likely to fail, but allowed a month for the filing of Form TM53 if they wished to proceed to the evidence stages. The opponent duly filed TM53 and was allowed a period of three months in which to file evidence-in-chief.
The opponent subsequently sought an extension of time and gave reasons for the request. The registry indicated their willingness to grant the extension but the applicant objected and a hearing was arranged. Following the hearing, at which the Registry had confirmed the extension, the applicant sought a written statement of the reasons for the Hearing Officer's decision.
BLO/315/05 sets out those reasons. The Hearing Officer made no order as to costs, as his decision to grant the extension was largely due to additional information provided at the hearing.