British
and Irish Legal Information Institute
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 >>
NIRALA (Trade Mark: Rectification) [2000] UKIntelP o01400 (28 January 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o01400.html
Cite as:
[2000] UKIntelP o1400,
[2000] UKIntelP o01400
[
New search]
[
Printable PDF version]
[
Help]
NIRALA (Trade Mark: Rectification) [2000] UKIntelP o01400 (28 January 2000)
For the whole decision click here: o01400
Trade mark decision
- BL Number
- O/014/00
- Decision date
- 28 January 2000
- Hearing officer
- Mr M Reynolds
- Mark
- NIRALA
- Classes
- 30
- Registered proprietors
- Five Star Traders (a partnership)
- Applicants for revocation
- Mr M S H Nasir & Mr I A Rana (trading as Nirala Sweets London)
- Revocation
- Sections 46(1)(a) and 46(1)(b)
Result
Application successful; registration revoked.
Points Of Interest
-
Findings on preliminary points relating to : locus, pleadings (introduction of proper reasons for non-use) and the onus on the registered proprietors of making opening submissions in revocation proceedings.
Summary
The registered proprietors' evidence showed "modest" user but included a number of anomalies not wholly or satisfactorily explained by any independent evidence. The ill-health of one of the partners in the business did not provide a proper reason for non-use. The Hearing Officer concluded that the mark should be revoked.