Trade mark decision

BL Number

O/133/01

Decision date

15 March 2001

Hearing officer

Mr G Salthouse

Mark

PURE PLATINUM

Classes

41

Registered Proprietor

Michael J Peter

Applicants for Revocation

Stringfellow Restaurants Limited

Revocation

Sections 46(1)(a) & 46(1)(b)

Result

Section 46 - Mark revoked

Points Of Interest

• 1. Preliminary point on period for filing evidence of use
• 2. Admissibility of witness statements
• 3. Use of mark via the internet
• 4. Proper reasons for non-use
• 5. Discretion

Summary

The registered proprietor (based in the USA) had sought to promote a nightclub business (of which PURE PLATINUM was to be the name) in the UK by means of a website on the internet. He had, however, to date not found a franchisee or premises. The Hearing Officer had to decide:

i) did the use described (incl the website) constitute genuine use, and, if not;

ii) were there proper reasons for non-use?

He decided both questions in favour of the applicants for revocation, and found he had no discretion to preserve the mark.

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