Trade mark decision

BL Number

O/147/03

Decision date

29 May 2003

Hearing officer

Mr M Reynolds

Mark

TEAM LOTUS

Classes

35

Registered Proprietor

Team Lotus Ventures Limited

Applicants for Revocation

Group Lotus Plc

Application for Revocation

Section 46(1)(b)

Result

Application for revocation partially successful.

Points Of Interest

• 1. Proper reasons for non-use : onus on proprietor same as in Section 100.
• 2. Proper reasons for non-use : difficulties unique to relevant area of trade (F1 motor racing).

Summary

The registered proprietors conceded that there had been no use of the mark during the relevant period. Instead they relied on proper reasons for non-use. These, in the view of the Hearing Officer, lay in the unique circumstances that existed in F1 motor racing. He therefore accepted that there were proper reasons for non-use in respect of all that part of the registration that related to F1 racing, and he revoked the remainder. As both sides had achieved a measure of success he made no order as to costs.

---

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o14703.html