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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TRIM (Trade Mark: Revocation) [2001] UKIntelP o10101 (5 March 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o10101.html
Cite as: [2001] UKIntelP o10101

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TRIM (Trade Mark: Revocation) [2001] UKIntelP o10101 (5 March 2001)

For the whole decision click here: o10101

Trade mark decision

BL Number
O/101/01
Decision date
5 March 2001
Hearing officer
Mr M Reynolds
Mark
TRIM
Classes
09
Registered Proprietor
John A Seiden
Applicants for Revocation
Tower Software Engineering Pty Ltd
Revocation
Sections 46(1)(a), 46(1)(b)

Result

Application for revocation successful.

Points Of Interest

Summary

The mark had been assigned to the present proprietor in 1989. His evidence included reference to an email address ([email protected]), specimen letterheads and three licence agreements. The Hearing Officer could not find from this evidence that there had been any genuine use of the mark; neither the existence of an email address nor the licence agreements provided any confirmation that trade under the mark had taken place. Preparation for use does not in itself save a registration. The Hearing Officer also took the view that the Registrar does not have a discretion to preserve the registration.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o10101.html