Trade mark decision

BL Number

O/181/00

Decision date

19 May 2000

Hearing officer

Mr M Reynolds

Mark

ANGLIAN MODE

Classes

16

Applicant for Revocation

Anglian Windows Ltd

Registered Proprietor

Mr William Knight

Revocation

Section 46(1)

Result

Section 46(1) - Revocation successful

Points Of Interest

• 1. Registrar’s discretion. The Registrar has no discretion to exercise in revocation actions, which would allow an unused mark to remain on the Register.

Summary

The registered proprietor purchased a business which published a magazine ANGLIAN MODE in 1988 and applied for registration, which was granted with effect from 13 December 1988. The Magazine was published until July 91 and there has been no use since that date. The applicants claimed period of non-use runs from 7 February 1993 to 6 February 1998. Reasons put forward for non-use included an accident to the registered proprietors son in 1991, which required a long period of convalescence; the marriage of his daughter who was part of the family team and her decision to live in France, and the effects of the economic recession. Discretion of the Registrar also sought.

The Hearing Officer considered the reasons for non-use carefully but came to the conclusion that they did not constitute proper reasons for non-use as required by the Act. Also with reference to the TYPHOON case (unreported) that the Registrar has no discretion to exercise in revocation actions.

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