Search Results for: Trade Marks Act 1994 46(1)

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Omega (Trade Mark: Revocation) (O-028-03): IPO 30 Jan 2003

IPO Section 46(1)(a): – Revocation failed. Section 46(1)(b): – Revocation successful. 1. The Hearing Officer had to decide whether watches made of gold and/or incorporating precious stones were items of jewellery. He decided such watches were not items of jewellery. 2. The registered proprietors appealed to the Appointed Person. Appeal partially allowed in that registered … Continue reading Omega (Trade Mark: Revocation) (O-028-03): IPO 30 Jan 2003

Omega (Trade Mark: Revocation) (O-027-03): IPO 30 Jan 2003

IPO Section 46(1)(a) – Partial Revocation failed Section 46(1)(b) – Partial Revocation action (partially successful) The above registered mark was registered for a range of goods in Class 9 and the partial revocation requested was in respect of all goods other than ‘Sports timing equipment’. The registered proprietors claimed use in respect of a range … Continue reading Omega (Trade Mark: Revocation) (O-027-03): IPO 30 Jan 2003

EE Elizabeth Emanuel (Trade Mark: Revocation): IPO 17 Oct 2002

IPO In the parallel opposition proceedings (BL O/024/02) which has been reviewed in some detail the Hearing Officer concluded that as Ms Emanuel had assigned rights in this mark together with the goodwill in the business to the present proprietors, opposition under Section 3(3)(b) – which is the equivalent to Section 46(1)(d) in revocation proceedings … Continue reading EE Elizabeth Emanuel (Trade Mark: Revocation): IPO 17 Oct 2002

UK Registered Trade Marks Nos 1338514 (in Class 5) and 1402537 (in Class 3) in the name of Laboratories Goemar SA and Applications for Revocation thereof Nos 10073 and 10074 by La Mer Technology Inc: ChD 19 Dec 2001

The applicants sought revocation of the defendant’s trade marks on the grounds that they had not been implemented after five years. It was sensible to go straight from the Directive, rather than the Act which implemented it. The onus was on the holder to demonstrate use. One claim was for medical use, but the product … Continue reading UK Registered Trade Marks Nos 1338514 (in Class 5) and 1402537 (in Class 3) in the name of Laboratories Goemar SA and Applications for Revocation thereof Nos 10073 and 10074 by La Mer Technology Inc: ChD 19 Dec 2001

Bhayani and Another v Taylor Bracewell Llp: IPEC 22 Dec 2016

Distinction between reputation and goodwill The claimant had practised independently as an employment solicitor. For a period, she was a partner with the defendant firm practising under the name ‘Bhayani Bracewell’. Having departed the firm, she now objected to the continued use of her name, alleging passing off, and requesting revocation of the associated trade … Continue reading Bhayani and Another v Taylor Bracewell Llp: IPEC 22 Dec 2016