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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ACTION HEROES (Trade Mark: Invalidity) [1998] UKIntelP o04498 (4 February 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o04498.html
Cite as: [1998] UKIntelP o4498, [1998] UKIntelP o04498
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ACTION HEROES (Trade Mark: Invalidity) [1998] UKIntelP o04498 (4 February 1998)
For the whole decision click here: o04498
Trade mark decision
- BL Number
- O/044/98
- Decision date
- 4 February 1998
- Hearing officer
- Mr M Knight
- Mark
- ACTION HEROES
- Classes
- 28
- Registered Proprietor
- Toymax (HK) Limited
- Applicant for Invalidity
- Hasbro UK Limited
- Invalidity
- Section 47 & Section 69
Result
Section 47 - Application for Invalidity successful.
Points Of Interest
- If a party does not comply with an ‘Order for Discovery’ as issued by the Registrar, it is likely that it will suffer severe consequences, in the proceedings before the Registrar.
Summary
The applicant sought an order for discovery under Section 69 of the Trade Marks Act. Following an Interlocutory Hearing an order was issued by the Registrar requesting that certain documents be filed relating to adoption of the mark at issue. The registered proprietor failed to comply with the order by the due date and the applicant asked the Registrar to "strike out" the proprietor’s defence and enter judgement in its favour. In view of the failure to comply with the Order for Discovery the Hearing Officer declared the registration to be invalid and in accordance with Section 47(6) deemed the registration never to have been made.