Trade mark decision

BL Number

O/050/08

Decision date

22 February 2008

Hearing officer

Mr D Landau

Mark

SAVILLE & HOLDSWORTH

Classes

09, 16, 35, 41, 42

Applicant for Revocation

Saville Consulting Group Ltd

Registered Proprietor

SHL Group Limited

Revocation

Section 46(1)(b)

Result

Section 46(1)(b): Revocation allowed.

Points Of Interest

• 1. Additional evidence allowed into these proceedings at a late stage.
• 2. See supplementary decision dated 29 February 2008 (BL O/062/08) in relation to additional costs awarded in respect of the late filed evidence.

Summary

The Company Saville & Holdsworth Limited was founded in 1997 to deliver products for the application of psychometric assessment in the workplace. Trading commenced under the SAVILLE & HOLDSWORTH name but quite quickly it was decided to use the mark SHL and this was formalised by the company prior to its public flotation in 1997. The only continuing use of the original name was in legacy documentation and some assessment forms which had not been updated over the years.

In his review of the evidence filed the Hearing Officer concluded that the registered proprietor had shown no use of the mark in suit in relation to Class 9 goods or the services listed in Classes 35, 41 and 42. As regards the use shown on assessment forms and the like the Hearing Officer concluded that this minimal use of Saville & Holdsworth Ltd was insufficient to protect the registration in relation to the Class 16 goods. On the basis that such a finding might be wrong the Hearing Officer went on to conclude that use of Saville & Holdsworth Ltd would protect the mark SAVILLE & HOLDSWORTH and he suggested a revised specification for Class 16. However, his overall finding was that revocation succeeded in respect of all five registrations.

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