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Registrar is functus officio once final decision made (Ministry of Energy, Commerce and Tourism, Cyprus v John & Pascalis Ltd)

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Published on: 03 December 2018

Published by a LexisNexis IP expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

IP analysis: The High Court has dismissed an appeal brought by the Permanent Secretary, Ministry of Energy, Commerce and Tourism, Republic of Cyprus (the ministry) relating to two decisions made by the Registrar of Trade Marks in which the UK certification mark HALLOUMI was cancelled and an application for an extension of time refused. In clarifying the extent of the Registrar’s powers under the Trade Marks Rules 2008, SI 2008/1979 (TMR 2008), the court held that once a final decision has been made, the Registrar is functus officio and the power in Rule 77 to extend time in proceedings therefore only applies to proceedings which are still extant.

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