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United Kingdom Intellectual Property Office Decisions
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THE DRUNKEN MONKEY (Trade Mark: Opposition) [2006] UKIntelP o20706 (24 July 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o20706.html
Cite as:
[2006] UKIntelP o20706
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THE DRUNKEN MONKEY (Trade Mark: Opposition) [2006] UKIntelP o20706 (24 July 2006)
For the whole decision click here: o20706
Trade mark decision
- BL Number
- O/207/06
- Decision date
- 24 July 2006
- Hearing officer
- Mr C Bowen
- Mark
- THE DRUNKEN MONKEY
- Classes
- 41, 43
- Applicant
- The Drunken Monkey Limited
- Opponent
- Nine Dots LLC
- Interlocutory Hearing in respect of requests for extensions of time in Opposition Proceedings.
Result
Extensions of time granted, and time allowed for corrections of deficiencies in the evidence.
Points Of Interest
-
1. Extensions of time.
-
2. Witness statements : Registry’s practice in relation thereto.
-
3. Correction of deficiencies in evidence.
Summary
The opposition had been brought on Section 5(2)(b) and Section 5(3) grounds. The Registry issued a Preliminary Indications that the Section 5(2)(b) ground could not succeed. The opponents, a foreign company, were thus dependant on UK customer firms for evidence of reputation for the purposes of Section 5(3). This resulted in a number of requests for extension of time and also involved certain defects in the evidence.
A hearing was held to resolve those matters and this decision sets out the Hearing Officer’s reasons.