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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 >> WALKABOUT (Trade Mark: Revocation) [2002] UKIntelP o31202 (2 August 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o31202.html Cite as: [2002] UKIntelP o31202 |
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For the whole decision click here: o31202
Result
Section 46(1)(a) & (b): - Revocation successful.
Points Of Interest
Summary
The registered mark was applied for on 14 December 1990 and the registration procedure completed on 29 May 1992. The application for revocation was filed on 4 April 2000 and related to a number of five years periods between 29 May 1992 and 4 April 2000.
In these proceedings the current proprietors relied on evidence filed by the original proprietors claiming user of the mark. They also filed additional evidence to show that steps had been taken in December 1999 to re-activate the brand and supplies were obtained under the mark in early May 2000. This was of course after the date of filing of the revocation action which was 4 April 2000.
The Hearing Officer carefully examined the evidence of use claimed but concluded that the evidence was insufficient to convince him that the mark in suit had been used during the relevant periods, or if it had been used that such use was authorised use by the registered proprietor.
As regards the later preparations for use, and use by the current proprietor, the Hearing Officer found the evidence to be sketchy and not in context. As a consequence he found that the application for revocation succeeded.
