Trade mark decision

BL Number

O/121/06

Decision date

28 April 2006

Hearing officer

Mrs A Corbett

Mark

ATOTA

Classes

03, 06, 09, 14, 16, 24, 25, 28, 35, 37, 38, 41, 42

Applicant for Rectification

Michael Charles White

Registered Proprietor

Atota Communications Ltd

Application for rectification of the register

Section 64

Result

Application for rectification successful.

Points Of Interest

• Statement of assignment taken at face value unless challenged.

Summary

The mark ATOTA had originally been registered in 2003 in the name of Atota Limited. Two years later an application to record a change of ownership was made by a director of Atota Ltd, who claimed that the mark had been assigned to Atota Communications Ltd, of whom he was the sole owner.

Another director of Atota Ltd, on learning of this applied for rectification of the register, to re-register Atota Ltd as the proprietor, claiming that no such assignment had been made.

From an examination of the evidence the Hearing Officer found that this was indeed the case, and the register was rectified accordingly. Neither party had applied for costs and so no order was made.

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