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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HT (Trade Mark: Revocation) [1998] UKIntelP o16598 (14 August 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o16598.html
Cite as: [1998] UKIntelP o16598
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HT (Trade Mark: Revocation) [1998] UKIntelP o16598 (14 August 1998)
For the whole decision click here: o16598
Trade mark decision
- BL Number
- O/165/98
- Decision date
- 14 August 1998
- Hearing officer
- Mr M Knight
- Mark
- HT
- Classes
- 06, 07, 11
- Registered Proprietor
- AAF McQuay Inc
- Applicants for Revocation and a Declaration of Invalidity
- Hypertherm Inc
- Application for Revocation
- Section 46(1) & 47(1)
Result
Section 46(1) - application for revocation largely successful
Section 47(1) - application dismissed
Points Of Interest
- Use within the relevant period of a catalogue dating from a period prior to the relevant periods.
Summary
The application for invalidation Section 47(1) was dismissed at the outset since nothing had been filed in support of the allegation (which was founded in Section 3(6)).
The evidence of use filed by the proprietor did not persuade the Hearing Officer that there had been genuine use on any items other than parts and fittings for compressors, in Class 7. The remainder of the specifications was revoked.