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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 >> PEGASUS SECURITY GROUP (Trade Mark: Opposition) [2002] UKIntelP o34902 (21 August 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o34902.html Cite as: [2002] UKIntelP o34902 |
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For the whole decision click here: o34902
Result
Extension of time granted.
Points Of Interest
Summary
A request by the applicants for a second extension of time in which to file evidence was the subject of a preliminary view of the Registry that it should not be granted. At the resultant hearing the opponents also contended i) that only the reasons given initially in support of the request should be considered, subsequent elaborations should be disregarded, and ii) the request should be refused because correspondence had not been copied to them.
The Hearing Officer agreed that reasons given in support of any request for an exercise of a discretionary power should be as complete as possible. However, in this case there would be no prejudice to the opponents and the further reason given was persuasive. On the subject of copy correspondence the Hearing Officer agreed that the applicants could be criticised for failing to copy correspondence to the opponents but the original request had been copied and the subsequent letter was supplied within a short time. The Hearing Officer also gave to his view that the Registrar would not automatically refuse a request for an extension of time that had not been copied to the other side, rather she would not consider it until it had been so copied.
As to the requested extension itself, the Hearing Officer having considered all the circumstances, especially the accidental destruction of archived material granted it.
