Trade mark decision

BL Number

O/464/99

Decision date

7 December 1999

Hearing officer

Mr M G Clarke QC

Mark

CHRYSOTHEQUE ZOLOTAS

Classes

14

Registered Proprietor/Appellants

Zolotas-La Chrysotheque Zolotas

Applicants for Revocation/Respondents

Zolotas Jewelers S.A.

Appeal to the Appointed Person in Revocation Proceedings

Result

Appeal failed

Points Of Interest

• 1. Order for discovery
• 2. Extensions of time for filing appeals to the Appointed Person

Summary

This was an appeal by the registered proprietors against the decision of the Registrar’s Hearing Officer (O/145/99) by which he ordered the revocation of the registration.

The registered proprietor’s position in relation to the applicants had been such that all the evidence of use (which had been with the proprietor’s consent) was with the applicant company. The registered proprietor had therefore included, in the body of their evidence, a request for the Registrar to order disclosure. No separate request had been made. At an interlocutory hearing the disclosure application, inter alia, had been dealt with and the Registry had ruled that the case had not been made out. This decision had not been appealed.

The Appointed Person ruled that the evidence had not established that there was any agreement between the parties concerning use of the trade mark, and he was therefore not prepared to consider a fresh application for discovery, nor would he over-turn the decision of the Hearing Officer in the substantive matter.

The appeal failed.