Trade mark decision

BL Number

O/044/98

Decision date

4 February 1998

Hearing officer

Mr M Knight

Mark

ACTION HEROES

Classes

28

Registered Proprietor

Toymax (HK) Limited

Applicant for Invalidity

Hasbro UK Limited

Invalidity

Section 47 & Section 69

Result

Section 47 - Application for Invalidity successful.

Points Of Interest

• If a party does not comply with an ‘Order for Discovery’ as issued by the Registrar, it is likely that it will suffer severe consequences, in the proceedings before the Registrar.

Summary

The applicant sought an order for discovery under Section 69 of the Trade Marks Act. Following an Interlocutory Hearing an order was issued by the Registrar requesting that certain documents be filed relating to adoption of the mark at issue. The registered proprietor failed to comply with the order by the due date and the applicant asked the Registrar to "strike out" the proprietor’s defence and enter judgement in its favour. In view of the failure to comply with the Order for Discovery the Hearing Officer declared the registration to be invalid and in accordance with Section 47(6) deemed the registration never to have been made.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o04498.html