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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> VODKA O2 RUSH VODKA O2 PREMIUM SPARKLING VODKA (Trade Mark: Invalidity) [2007] UKIntelP o00307 (4 January 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o00307.html Cite as: [2007] UKIntelP o00307, [2007] UKIntelP o307 |
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For the whole decision click here: o00307
Result
Request to set aside Registrar’s decision: Request refused.
Points Of Interest
Summary
The applicant for invalidation filed its applications on 11 March 2004. Copies were sent to the registered proprietor at his address for service as recorded on the Register but he did not respond. Subsequently the Registrar issued his decision on 11 May 2006 allowing the request for invalidation in respect of the two marks detailed above.
On 7 August 2006, which was after the period allowed for appeal, the registered proprietor contacted the Registry to say that there had been an error in procedure as he had filed a request to amend his address for service in November 2003. As he wished to defend his registrations he asked that the decision issued on 11 May 2006 (BL O/122/06) be set aside.
A Hearing was appointed to consider the request and both parties made submissions. The registered proprietor’s request was refused because the copy Form TM21 provided was not the version current at the date claimed and there was no papers to indicate that such a request had been made. The onus is on a registered proprietor to maintain an up-to-date address for service on the Register and if he does not do so then he must suffer the consequences of that failure.