Trade mark decision

BL Number

O/096/08

Decision date

2 April 2008

Hearing officer

Ms A Michaels

Mark

VODKA O2 RUSH VODKA O2 PREMIUM SPARKLING VODKA

Classes

33

Applicant for Invalidity

O2 Limited

Registered Proprietor

Philip Maitland

Invalidity

1. Section 47(2) based on Sections 5(2)(b), 5(3) & 5(4)(a) 2. Appeal re extension of time request and refusal to set aside earlier decision

Result

Appeal to the Appointed Person: Appeal dismissed.

Points Of Interest

• None

Summary

This was an appeal of the Hearing Officer’s decision dated 12 July 2007 (BL O/194/07).

Generally the Appointed Person found that the Hearing Officer had made no error in law; that his reasoning was sound and he upheld the Hearing Officer’s decision.

As regards the individual matters the registered proprietor’s claim to have filed a change of address form was dismissed because the evidence and arguments in support of this claim were considered unsatisfactory by the Appointed Person.

The extension of time request was also dismissed as the Appointed Person considered that the Hearing Officer had taken all the relevant matters into consideration. In particular he upheld the Hearing Officer’s view that there was no responsibility on the Registrar to ensure that the address for service entry in the register was updated and there was no onus on the Register to try and trace a registered proprietor who did not respond when advised of proceedings against its mark.

In relation to the irregularity of proceedings in that the Registrar had not advised the registered proprietor of his right to be heard in relation to the application for invalidity the Appointed Person accepted that as previous documents sent to the incorrect address for service had not reached the registered proprietor it was reasonable to conclude that other correspondence sent out at a later date would also not reach the registered proprietor. The Hearing Officer’s decision to refuse to re-open proceedings upheld.