Trade mark decision

BL Number

O/091/07

Decision date

29 March 2007

Hearing officer

Mr C Bowen

Mark

BUSINESSZONE PLUS BUSINESSZONE

Classes

09, 38

Registered Proprietor

T-Mobile (UK) Limited

Applicants for a declaration of invalidity

O2 Holdings Limited

First hearing in respect of proposed invalidation actio

Result

Registry declined to process invalidation actions against registrations no longer on the register.

Points Of Interest

• 1. Abuse of process
• 2. Proceedings against marks already revoked.

Summary

The applications for declarations of invalidity were directed at two registrations which had already been revoked as a result of proceedings commenced by the present applicants. The Registry declined to process the applications in view of the fact that the marks were no longer on the register, and also that any action against them at this stage might be considered an abuse of process. A hearing was arranged to resolve these questions. The Hearing Officer was addressed by Counsel under three main heads; lack of jurisdiction, statutory construction and abuse of process. Following the hearing, the Hearing Officer confirmed the Registry’s preliminary view that an invalidation action could not be taken against a mark not on the register; it would, in the circumstances of this case also be an abuse of process.

This decision sets out the history of the case and the reason for the Registry’s decision.

---

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o09107.html