Trade mark decision

BL Number

O/169/00

Decision date

12 May 2000

Hearing officer

Mr S Thorley QC

Mark

ACADEMY

Classes

25

Applicant for Revocation

Nicholas Dynes Gracey

Registered Proprietor

Tritonstyle Limited

Revocation

Section 46(1)

Points Of Interest

• 1. 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

These proceedings concerned an appeal of the Hearing Officer's decision dated 27 November, 1998 ( BL O/245/98).

The Appointed Person allowed the registered proprietor to file additional evidence of use to support the registration. As a result the Appointed Person considered that the revocation action should fail and that the registered proprietor should be allowed to retain his existing specification. In the earlier proceedings the Hearing Officer had reduced the scope of the registered proprietor's specification.

This decision was reported in [2000] RPC 35.

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