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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE OLD FIRM (Trade Mark: Revocation) [2000] UKIntelP o07700 (3 March 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o07700.html
Cite as: [2000] UKIntelP o07700, [2000] UKIntelP o7700
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THE OLD FIRM (Trade Mark: Revocation) [2000] UKIntelP o07700 (3 March 2000)
For the whole decision click here: o07700
Trade mark decision
- BL Number
- O/077/00
- Decision date
- 3 March 2000
- Hearing officer
- Mr M Knight
- Mark
- THE OLD FIRM
- Classes
- 33
- Registered Proprietor
- The Vintage Malt Whiskey Co Ltd
- Applicants for Revocation
- Celtic Plc & The Rangers Football Club Plc
- Revocation
- Section 46(1)(a) and/or (b)
Result
Application for revocation successful.
Points Of Interest
- Order for disclosure
Summary
The registered proprietor filed a TM8 and counterstatement along with documentation which, it was claimed "demonstrated evidence of use" of the mark. The applicants claimed that the burden of proof (Section 100) had not been discharged and asked that the mark be revoked accordingly. Alternatively, they asked that the proprietor be required to file further and better particulars. The Registry accordingly issued an order for disclosure. In the light of the proprietor’s failure to respond to this order, the Hearing Officer considered that the defence of the application should be struck out, and the registration revoked accordingly.