Trade mark decision

BL Number

O/064/08

Decision date

28 February 2008

Appointed Person

Mr Geoffrey Hobbs KC

Mark

T A D TAXASSIST DIRECT £TAX ASSIST DIRECT THE ACCOUNTANCY AND TAX SERVICE FOR SMALL BUSINESS

Classes

35

Registered Proprietor

Tax Assist Direct Limited

Applicant for a Declaration of Invalidity

Nasratul Ameen

Invalidation

Appeal to the Appointed Person against an interlocutory decision of the Registrar’s Hearing Officer in invalidation proceedings

Result

Appeal dismissed

Points Of Interest

• “….. the Hearing Officer was bound to proceed on the basis that the registrations in issue were prima facie valid.”
• See also BL O/265/07

Summary

At first instance (see BL O/265/07) the Hearing Officer had allowed evidence to be corrected and an extension of time in which to file it. The applicant appealed to the Appointed Person.

The appointed Person, having reviewed the earlier decision, upheld it and dismissed the appeal. The evidence stages were not yet completed and the quality of that evidence should be considered at the conclusion of the procedure.

Full decision O/064/08 70Kb