Trade mark decision

BL Number

O/491/02

Decision date

28 November 2002

Hearing officer

Mr J MacGillivray

Mark

DIANA

Classes

14

Registered Proprietor

H Kalatizadeh & Y Kalatizadeh

Applicant for Revocation

Lady Sarah McCorquodale as executor of the estate of Diana, Princess of Wales

Revocation

Section 46(1)(d)

Result

Application for revocation, Section 46(1)(d), failed.

Points Of Interest

• 1. Use in a form which alters the distinctive character of the mark, Section 46(2).
• 2. Use in a form liable to mislead the public (Section 46(1)(d).
• 3. Misuse of a symbol indicating a registered mark (Section 95).
• 4. Costs in proceedings before the Registrar.

Summary

The applicant for revocation alleged that by reason of the use made of it (the proprietor had taken to using the mark with a coronet incorporated as a dot to the letter 'i') the mark was now liable to mislead the public. The registered proprietors contended that the mark complained of was not the registered mark; it was a different, unregistered mark. (They had in fact been using the mark with an 'R' symbol indicating that it was registered but they now undertook to cease that usage.)

Reviewing the matter, the Hearing Officer concluded that the mark as used was indeed not the mark as registered; its distinctive character had been altered. Consequently the application for revocation under Section 46(1)(d) failed.

The registered proprietors asked for a substantial award of costs in view of the applicant’s various requests for extensions of time. However, the Hearing Officer noted that these requests had not been the subject of any submissions at the time and he declined to award costs outwith the published scale.

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