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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TRIM (Trade Mark: Revocation) [2001] UKIntelP o10101 (5 March 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o10101.html
Cite as: [2001] UKIntelP o10101
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TRIM (Trade Mark: Revocation) [2001] UKIntelP o10101 (5 March 2001)
For the whole decision click here: o10101
Trade mark decision
- BL Number
- O/101/01
- Decision date
- 5 March 2001
- Hearing officer
- Mr M Reynolds
- Mark
- TRIM
- Classes
- 09
- Registered Proprietor
- John A Seiden
- Applicants for Revocation
- Tower Software Engineering Pty Ltd
- Revocation
- Sections 46(1)(a), 46(1)(b)
Result
Application for revocation successful.
Points Of Interest
- 1. Genuine use
- 2. Preparations for use
- 3. Security for costs
Summary
The mark had been assigned to the present proprietor in 1989. His evidence included reference to an email address (trim@compuserve.com), specimen letterheads and three licence agreements. The Hearing Officer could not find from this evidence that there had been any genuine use of the mark; neither the existence of an email address nor the licence agreements provided any confirmation that trade under the mark had taken place. Preparation for use does not in itself save a registration. The Hearing Officer also took the view that the Registrar does not have a discretion to preserve the registration.