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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EXTREME (Trade Mark: Revocation) [2007] UKIntelP o16107 (7 June 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o16107.html Cite as: [2007] UKIntelP o16107 |
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For the whole decision click here: o16107
Result
Section 46(1)(a) & (b): Appeal allowed in respect of a specification reading “luggage”.
Points Of Interest
Summary
In his decision dated 5 December 2006 (BL O/342/06) the Hearing Officer had concluded that the registered proprietor had failed to prove use of its mark and revocation was allowed in full.
On appeal the Appointed Person reviewed the evidence before the Hearing Officer and concluded that he had been in error in reaching his decision. The Appointed Person noted that first hand evidence had been given by an Officer of the registered proprietor who was in a position to know the business of his company. He had stated that there had been sales of the order of some hundreds of thousands of pounds and this evidence had not been formally challenged, nor had a request been made to cross-examine this declarant. There was also supporting documentary evidence in relation to at least some of the claims made. On an overall view the Appointed Person concluded that there had been use of the mark in suite in relation to “holdalls” and that the registered proprietor should be allowed to retain its registration with a specification reading “luggage”.
The Appointed Person carried out a full review of how evidence should be considered and he observed that it was not appropriate to disregard credible evidence which was not formally challenged or where cross-examination was not requested.