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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 >> POPSTAR MAKER (Trade Mark: Opposition) [2003] UKIntelP o15803 (12 June 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o15803.html Cite as: [2003] UKIntelP o15803 |
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For the whole decision click here: o15803
Result
Request for admission of further material refused.
Points Of Interest
Summary
This was the second of two requests to admit further material into the proceedings (see also BL O/157/03), in this instance, a statement bearing on ownership of the disputed mark. The status and purpose of the document to be admitted was unclear and, noted the Hearing Officer, unlikely to be determinative of the outcome of the substantive proceedings.
Without it, however, the opposition had no basis and matters would have to proceed by way of an invalidity action. Whilst noting that multiple proceedings were inherently undesirable the Hearing Officer ruled that the new material should not be admitted. Since this refusal was likely to be the subject of an appeal, either to the court or to the Appointed Person, the opposition was in effect suspended until the outcome of the appeal could be known
