IPO Section 46(1)(a) – Partial revocation action failed
Section 46(1)(b) – Partial revocation successful (in part).
The above registered mark covered a range of services in Class 37 and included ‘Maintenance and repair of horological and chronometric instruments’ which were excluded from the request for revocation, it being accepted by the applicants that the registered proprietors trade in watches and offer a repair service in relation to such goods.
The registered proprietors filed evidence to support a claim that they had used their mark in relation to the full list of registered services. The Hearing Officer examined the evidence carefully and accepted that the registered proprietors’ activities in relation to measuring, checking information etc apparatus were in relation to sports and he restricted the specification of the registered mark accordingly. This in turn restricted the coverage of information services which applied to this new restricted area of proved activity.
All the evidence filed related to the five year period prior to the filing of the application and the Hearing Officer decided that the revoked goods should be excluded from the date of the application which was 14 September 2001. As both parties had had a measure of success the Hearing Officer decided that both sides should bear their own costs.
Judges:
Mr D Landau
Citations:
474165, 699057, 1456848, [2003] UKIntelP o02603
Links:
Intellectual Property
Updated: 16 October 2022; Ref: scu.455449
