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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DATACOM (stylised and device) (Trade Mark: Opposition) [2007] UKIntelP o06307 (27 February 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o06307.html
Cite as: [2007] UKIntelP o06307, [2007] UKIntelP o6307
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DATACOM (stylised and device) (Trade Mark: Opposition) [2007] UKIntelP o06307 (27 February 2007)
For the whole decision click here: o06307
Trade mark decision
- BL Number
- O/063/07
- Decision date
- 27 February 2007
- Hearing officer
- Mrs A Corbett
- Mark
- DATACOM (stylised and device)
- Classes
- 38
- Applicant
- isdn datacom Limited
- Opponent
- MasterCard International Inc
- Interlocutory Hearing in Opposition Proceedings
Result
Application deemed withdrawn.
Points Of Interest
- Non-extendibility of periods specified in Rules 68(3).
Summary
After the filing of a notice of opposition, Form TM7 a cooling off period (form TM9c) was sought and granted; the applicant was advised that the period granted, once expired, could not be further extended. No form TM8 was received within the specified period and the application was therefore deemed to have been withdrawn. The applicants sought a hearing on the matter, stating that the person dealing with the application had left the company without informing anyone about the need for a TM8 by the date specified.
In view of the non-extendibility of the period specified and the absence of any discretion granted to the Registrar by the Act or the Rules, the Hearing Officer had to confirm that the application was indeed deemed to have been withdrawn.