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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IN THE PINK (Trade Mark: Opposition) [2008] UKIntelP o20108 (15 July 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o20108.html
Cite as: [2008] UKIntelP o20108
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IN THE PINK (Trade Mark: Opposition) [2008] UKIntelP o20108 (15 July 2008)
For the whole decision click here: o20108
Trade mark decision
- BL Number
- O/201/08
- Decision date
- 15 July 2008
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- IN THE PINK
- Classes
- 16
- Applicant
- Gerard Dugdill
- Opponent
- Xcess Media Limited
- Opposition
- Appeal to the Appointed Person re granting of extension of time to opponent to file evidence in reply
Result
Appeal to the Appointed Person on grant of extension of time: Appeal dismissed.
Points Of Interest
- None
Summary
In his decision dated 1 November 2007 (BL O/320/07) the Hearing Officer allowed the opponent an extension of time within which to file its evidence in reply.
On appeal the applicant submitted that the opponent had provided inadequate reasons for the delay in filing its evidence in reply and the Hearing Officer had been wrong to grant the extension requested.
The Appointed Person noted that he could only set aside the Hearing Officer’s decision under Section 76 of the Act on the basis of manifest error on serious procedural irregularity. The Appointed Person carefully reviewed the Hearing Officer’s reasoning and concluded that he had arrived at a fair and just decision and had taken all the relevant factors into account. Appeal dismissed with costs.