Trade mark decision

BL Number

O/089/06

Decision date

21 March 2006

Hearing officer

Mr Geoffrey Hobbs QC

Mark

ADRENALIN

Classes

03, 09, 38

Applicant

Nicholas Dynes Gracey

Opponent (Opposition now withdrawn)

Hi Tec Sports Plc

Appeal against a decision of the Registrar's Hearing Officer in respect of certain procedural matters during and after the pendency of opposition proceedings.

Result

Appeal dismissed. -

Points Of Interest

• 1. Provision of statements of reasons for decision; Human Rights; natural justice
• 2. Procedural irregularities; correction of.

Summary

Just prior to the withdrawal of opposition proceedings a hearing had been held concerning certain procedural matters. The Hearing Officer had subsequently set out his decision and his reasons in a 5 page letter. Later, out of time and not by means of a TM5, the applicant requested a full statement of the Hearing Officer's reasons. The opposition having been withdrawn the Registry declined to provide the statement as requested. The applicant sought and was given a hearing concerning this refusal. Following the hearing the Hearing Officer upheld the previous decision not to provide the statement. The applicant appealed to the Appointed Person, and cited the Human Rights Act 1998 in support of his request.

The Appointed Person noted that; the original request was indeed irregular: the proceedings having been terminated the applicant was no longer a party to any proceedings before the Registrar, and the Hearing Officer's letter had provided a very full statement of his reasons. The appeal was dismissed.