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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MARTENELLI (Trade Mark: Revocation) [2000] UKIntelP o01100 (27 January 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o01100.html
Cite as: [2000] UKIntelP o01100, [2000] UKIntelP o1100
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MARTENELLI (Trade Mark: Revocation) [2000] UKIntelP o01100 (27 January 2000)
For the whole decision click here: o01100
Trade mark decision
- BL Number
- O/011/00
- Decision date
- 27 January 2000
- Hearing officer
- Mr M Reynolds
- Mark
- MARTENELLI
- Classes
- 25
- Registered proprietors
- Martin Martinez Ibanez & Jose Torres Hernandez
- Applicants for revocation
- Deejay Import-Export (London) Limited
- Revocation
- Section 46(1)(b)
Result
Application successful; registration revoked.
Points Of Interest
- Considerations as to quality of evidence required to discharge onus under Section 100.
Summary
Whilst the evidence showed some indications of commercial activity it did not clearly establish that actual trading had taken place involving use of the mark. The Hearing Officer concluded that the onus placed on the proprietor by Section 100 had not been discharged.