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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DREAMBOYS (Trade Mark: Inter Partes) [2001] UKIntelP o24101 (30 May 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o24101.html Cite as: [2001] UKIntelP o24101 |
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For the whole decision click here: o24101
Result
The application for acceptance of the revocation proceedings was refused.
Points Of Interest
Summary
An application for revocation of a registration (on the basis of non-use) was refused by the Registry, because the registration had expired. The applicants disputed this, pointing to the possibility of a mark being brought back into use during the six months grace period allowed for late renewal and also pointing to the provisions of Section 43(5) concerning removal of the mark. The Hearing Officer however held that the Act and the Rules were consistent with the Directive in that actions may only be taken against trade marks which are registered and not against a registration which has expired.
