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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 >> EURO BELLE (Trade Mark: Opposition) [2001] UKIntelP o13601 (19 March 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o13601.html Cite as: [2001] UKIntelP o13601 |
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For the whole decision click here: o13601
Result
Request under Rule 68 for extension of time under Rule 13(10) refused.Opposition therefore ready for decision.
Points Of Interest
Summary
The opponent, having been granted two extensions of time totalling 5 months in which to file evidence in reply under Rule 13(10), then sought a further 3 months’ extension on the grounds that negotiations to settle the opposition were still ongoing. Whilst the Registry’s preliminary view was that the latter request should be granted, the applicant objected since the opponent had apparently failed to respond to settlement proposals made two months earlier. Following an interlocutory hearing to consider the matter, the Hearing Officer overturned the Registry’s preliminary view and refused the requested extension, and the parties were requested to indicate whether they wished to attend a substantive hearing or accept a decision from the papers.
In his statement of reasons for his decision the Hearing Officer relied on the usual case law (especially Liquid Force) to support his findings that the opponent’s lack of diligence in failing to continue to prepare evidence in reply during protracted settlement negotiations meant that further indulgence was not justified.
