IPO Two applications for revocation dismissed; application, partially successful in respect of third registration.
This was a decision in respect of three of five revocation actions launched on the same day and involving the same parties. The decisions in the other two cases are set out in BL O/379/04 and BL O/380/04.
The evidence of use filed by the proprietor showed use in relation to a range of clothing items. Although the applicant did not formally withdraw their applications in respect of the affected registrations, the skeleton arguments and submissions at the hearing effectively conceded the position. The Hearing Officer formally recorded that two of the three applications were dismissed.
The evidence in respect of the third registration did not establish use in relation to slippers and headgear and it was revoked in respect of those items.
Again, the Hearing Officer found that in the matter of discretion he was bound by the decision of the judge in ‘Premier Brands UK Ltd v Typhoon Europe Ltd’ q.v.
Judges:
Mr M Reynolds
Citations:
O/381/04, [2004] UKIntelP o38104
Links:
Cited by:
See Also – Elle (Trade Mark: Revocation) O/380/04 IPO 30-Dec-2004
IPO Application for revocation successful.
This was one of five revocation actions launched on the same day and involving the same parties. The decisions in relation to the others are set out in BL O/379/04 . .
See Also – Elle (Trade Mark: Revocation) O/379/04 IPO 30-Dec-2004
IPO Application for revocation largely successful: registration reduced to ‘beach towels’.
This was one of five revocation actions launched on the same day and involving the same parties. The decisions in . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 17 October 2022; Ref: scu.456158