Trade mark decision

BL Number

O/245/98

Decision date

27 November 1998

Hearing officer

Mr G Salthouse

Mark

ACADEMY

Classes

25

Applicant for Revocation

Nicholas Dynes Gracey

Registered Proprietor

Tritonstyle Limited

Revocation

Section 46(1)(b)

Result

Section 46(1) - Application partially successful.

Points Of Interest

• 1. The applicant for revocation had cast doubt on the authenticity of the invoices and exhibits filed by the registered proprietors. The Hearing Officer concluded that these claims had not been substantiated and he ordered the deletion of paragraph 28 of the applicant’s affidavit.
• 2. Both parties appealed the Hearing Officer's decision to the Appointed Person. In his decision dated 4 May 2000 (SRIS O/169/00) the Appointed Person had the benefit of additional evidence of use before him and in the circumstances found that the registered proprietor should retain his specification in full.
• Note
• See also Appointed Person’s decision dated 10 May 1999 (BL O/135/99) in which he refused an application by the Registered Proprietors to refer the proceedings to the High Court and in which he also refused an application by the applicant for disclosure (discovery).

Summary

The registered proprietor filed evidence which established some modest use during the relevant period and the Hearing Officer concluded that this was sufficient to support a claim to genuine use during the relevant five years period. He, therefore, allowed the registration to remain on the Register with a reduced specification.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o24598.html