Proctor and Gamble Co. v. Controller of Patents, Designs and Trade Marks [2003] IESC 35 (4 June 2003)

Proctor and Gamble Co. v. Controller of Patents, Designs and Trade Marks [2003] IESC 35 (4 June 2003)

The statutory three-month time limit for appeal under s. 79 of the Trade Marks Act, 1996 is absolute and cannot be extended by rules of court; the appeal period commences from the date of the Controller's decision, not the date written grounds are furnished.

Citation
[2003] IESC 35
Parties
Plaintiff / Respondent: The Proctor and Gamble Company; Defendant / Appellant: The Controller of Patents, Designs and Trade Marks
Jurisdiction
Ireland
Judgment Date
04 June 2003
Procedural Posture
Appeal From Controller's Decision Under Trade Marks Act, 1996 / Supreme Court Judgment on Preliminary Issue
Outcome
Appeal allowed
Legal Topics
Trade Marks, Appeals, Statutory Interpretation, Time Limits
Intellectual Property Administrative Law Trade Marks Appeals Statutory Interpretation Time Limits

Case Brief

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Parties

The Proctor and Gamble Company

Plaintiff / Respondent

The Controller of Patents, Designs and Trade Marks

Defendant / Appellant

Procedural Posture

Appeal From Controller's Decision Under Trade Marks Act, 1996 / Supreme Court Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the statutory three-month time limit for appeal under s. 79 of the Trade Marks Act, 1996 can be extended by rules of court
  2. 2 Whether the appeal period commences from the date of the Controller's decision or the date written grounds are furnished

Ratio Decidendi

The statutory three-month time limit for appeal under s. 79 of the Trade Marks Act, 1996 is absolute and cannot be extended by rules of court; the appeal period commences from the date of the Controller's decision, not the date written grounds are furnished.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; clarification provided that the statutory three-month time limit for appeal is absolute and commences from the date of the Controller's decision.