Trade mark decision

BL Number

O/333/05

Decision date

14 November 2005

Hearing officer

Mr Richard Arnold QC

Mark

m.d.e.m.

Classes

16, 39, 41, 42

Applicant

Helen Hyde

Opponent

Reed Midem Organisation SA

Decision on a request by counsel for the opponent that the Appointed Person reconsider his decision on an appeal in these proceedings.

Result

Request to reconsider the decision of BL O/306/05, refused.

Points Of Interest

• 1. "The Appointed Person has a limited jurisdiction to reconsider a decision in exceptional circumstances."

Summary

Counsel for the opponent had written to the Appointed Person asking him to reconsider his decision of 14 November 2005 (BL O/306/05). In his letter, counsel claimed that the introduction of more limited specifications into the proceedings was procedurally unfair. Both sides were invited to make submissions on counsel for the opponent's request.

Counsel for the applicant submitted that the Appointed Person had no jurisdiction to reconsider his decision; counsel for the opponent submitted that he had an inherent jurisdiction and should exercise his discretion to do so.

In BL O/333/05 the Appointed Person set out a detailed review of the issues raised, following which he concluded that the Appointed Person has a limited jurisdiction to reconsider a decision in exceptional circumstances.

Going on to consider if it should be exercised in this case he decided that it should not. The allegation of procedural unfairness was not well founded. The basis and justification for the more limited claim had been foreshadowed in the pleadings and the evidence but had not been dealt with specifically at first instance.

Finally, the Appointed Person went on to consider whether a re-opening of his decision would have benefited the opponent in this instance, and he decided it would not. A decision on costs was again deferred and submissions invited.