Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> INEGA (Trade Mark: Rectification) [1998] UKIntelP o17398 (21 August 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o17398.html
Cite as: [1998] UKIntelP o17398
[New search] [Printable PDF version] [Help]
INEGA (Trade Mark: Rectification) [1998] UKIntelP o17398 (21 August 1998)
For the whole decision click here: o17398
Trade mark decision
- BL Number
- O/173/98
- Decision date
- 21 August 1998
- Hearing officer
- Mr M Reynolds
- Mark
- INEGA
- Classes
- 25
- Registered Proprietor
- Occo Limited
- Applicant for Rectification
- Gillian Brennan
- Application for Rectification of the Register
- Section 32
Result
Application for rectification successful
Points Of Interest
- Assignments by companies in liquidation.
Summary
Due to a series of assignments, over a number of years, the registered proprietor was Occo Limited. However, an earlier assignment was disputed by the present applicant for rectification. The registered proprietor was dissolved, the Official Receiver did not wish to defend the action, and, as a precaution, the mark had been acquired from the Crown by virtue of Section 654 of the Companies Act 1985. The Hearing Officer found that Mrs Brennan had the necessary status as a "person aggrieved".
In the matter of the assignments the Hearing Officer eventually found that the assignment from Steepleglade to Quad Clothing took place when the assignor was in liquidation. Hence that and all subsequent assignments were invalid. Mrs Brennan's prior claim was upheld, therefore. The consequences flowing from this were:- the register would be rectified; the request for restoration and renewal could now be determined; Mrs Brennan's application to intervene in a separate rectification action could also now be determined.