IPO Consent – Opponents estopped from withdrawing Consent – Consent: A very useful review of the matter of consent.
At examination stage the opponents marks had been raised as citations against the applicants application. Subsequently the applicants filed the opponents consent dated 5 May 1997 in respect of a range of goods in Class 9 and in that letter of consent the opponents quoted the numbers of six prior registrations. However, following advertisement of the applicants mark some four years later the opponents filed notice of opposition under Section 5 of the Act; drawing attention to two further registrations in their ownership (Nos 1071474 and 1159199) and seeking further restriction of the applicants specification. In response the applicants said that consent once given could not be withdrawn and asked that the opposition be declared void.
The consent by the opponents had been properly given and no good reasons had been given as to why the opponents wished to withdraw their consent despite the listings of two further registrations since those registrations had been on the Register in May 1997. At the Hearing Licence, Contract, Estoppel and Acquiescence were all discussed as was the effect of consent and the manner in which it was given. Having considered the matter carefully the Hearing Officer decided that the opponents were estopped from entering opposition to this application since they had given proper consent some four years previously; had not taken any action to withdraw consent earlier and this had encouraged the applicants to think that no further objections would come from the opponents. In all the circumstances the Hearing Officer said andquot It appears to me unconscionable that the opposition should proceed and equity will be satisfied if it is dismissed.
Judges:
Dr W J Trott
Citations:
OPP 52468, 2052200, [2001] UKIntelP o55401
Links:
Intellectual Property
Updated: 13 October 2022; Ref: scu.454532