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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SWALEGAS (Trade Mark: Opposition) [2003] UKIntelP o23303 (14 August 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o23303.html
Cite as: [2003] UKIntelP o23303

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SWALEGAS (Trade Mark: Opposition) [2003] UKIntelP o23303 (14 August 2003)

For the whole decision click here: o23303

Trade mark decision

BL Number
O/233/03
Decision date
14 August 2003
Hearing officer
Mrs S Long
Mark
SWALEGAS
Classes
04, 06, 11, 35
Applicant
Calor Gas Limited
Opponent
Scottish & Southern Energy Plc
Opposition
Statement of grounds for Registrar’s decision deeming application withdrawn under Rule 13(6)

Result

Application deemed withdrawn.

Points Of Interest

Summary

It was claimed that both parties had intended to enter a cooling-off period, and that that intention had been formed prior to the expiry of the deadline. Due to a misunderstanding the requisite paperwork was not filed with the Registry before that expiry.

However, the Rules allow the Registrar no discretion to extend the deadline in question, absent error, default or omission on the part of the Office. No such error had taken place. The application was therefore deemed withdrawn.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o23303.html