Trade mark decision

BL Number

O/014/00

Decision date

28 January 2000

Hearing officer

Mr M Reynolds

Mark

NIRALA

Classes

30

Registered proprietors

Five Star Traders (a partnership)

Applicants for revocation

Mr M S H Nasir & Mr I A Rana (trading as Nirala Sweets London)

Revocation

Sections 46(1)(a) and 46(1)(b)

Result

Application successful; registration revoked.

Points Of Interest

• Findings on preliminary points relating to : locus, pleadings (introduction of proper reasons for non-use) and the onus on the registered proprietors of making opening submissions in revocation proceedings.

Summary

The registered proprietors' evidence showed "modest" user but included a number of anomalies not wholly or satisfactorily explained by any independent evidence. The ill-health of one of the partners in the business did not provide a proper reason for non-use. The Hearing Officer concluded that the mark should be revoked.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o01400.html