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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TEVO (Trade Mark: Opposition) [2007] UKIntelP o10007 (5 April 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o10007.html
Cite as: [2007] UKIntelP o10007
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TEVO (Trade Mark: Opposition) [2007] UKIntelP o10007 (5 April 2007)
For the whole decision click here: o10007
Trade mark decision
- BL Number
- O/100/07
- Decision date
- 5 April 2007
- Hearing officer
- Mrs J Pike
- Mark
- TEVO
- Classes
- 06, 08, 09, 12, 20, 37
- Applicant
- Tevo Limited
- Opponent
- Ulrich Bohnacker
- Opposition
- Section 5(2)(b) Interlocutory Hearing to consider a request by the opponent to stay the proceedings
Result
Request to stay opposition proceedings: Request refused.
Points Of Interest
- None
Summary
The opponent in these proceedings (Bolnacker) is relying upon an earlier right. The applicant (Tevo) has applied for partial revocation of that earlier right. These proceedings have reached a stage where Bohnacker has filed its evidence.
In these proceedings Bohnacker was due to file its evidence by 16 August 2006 but instead wrote on that date requesting a stay in these proceedings to await the outcome of the revocation proceedings. Despite objections from Tevo the Registry initially allowed the stay requested. Tevo maintained its objections and requested to be heard in the matter.
After hearing the parties the Hearing Officer decided that there were no good grounds for a stay since the outcome of the revocation proceedings would not necessarily settle the outcome of these opposition proceedings and could lead to undue delay in deciding this conflict. In all the circumstances the Hearing Officer exercised the Registrar’s discretion and allowed Bohnacker a period of fourteen days to file its evidence. Costs awarded to Tevo.