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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SUPER COFFEE MIX (Trade Mark: Opposition) [2000] UKIntelP o26000 (1 August 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o26000.html Cite as: [2000] UKIntelP o26000 |
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For the whole decision click here: o26000
Result
TM7 refused
Points Of Interest
Summary
Application No 2172992 was advertised on 29 September 1999: thus, the period for opposition ended on 29 December 1999. A TM7 sent to the Registry by 1st class post and recorded delivery on 23 December 1999 arrived on 5 January 2000 and was therefore refused as being out of time. The prospective opponent contested the registrar’s decision. Following a joint hearing the Hearing Officer found that the TM7 had not been filed in accordance with Rule 13, the registrar had not certified any of the relevant days under Rule 61(1); the specific discretion provided for in Rule 61(3) did not apply, and the rule provided for no general discretion.
