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United Kingdom Intellectual Property Office Decisions
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PURE PLATINUM (Trade Mark: Revocation) [2001] UKIntelP o13301 (15 March 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o13301.html
Cite as:
[2001] UKIntelP o13301
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PURE PLATINUM (Trade Mark: Revocation) [2001] UKIntelP o13301 (15 March 2001)
For the whole decision click here: o13301
Trade mark decision
- BL Number
- O/133/01
- Decision date
- 15 March 2001
- Hearing officer
- Mr G Salthouse
- Mark
- PURE PLATINUM
- Classes
- 41
- Registered Proprietor
- Michael J Peter
- Applicants for Revocation
- Stringfellow Restaurants Limited
- Revocation
- Sections 46(1)(a) & 46(1)(b)
Result
Section 46 - Mark revoked
Points Of Interest
-
1. Preliminary point on period for filing evidence of use
-
2. Admissibility of witness statements
-
3. Use of mark via the internet
-
4. Proper reasons for non-use
-
5. Discretion
Summary
The registered proprietor (based in the USA) had sought to promote a nightclub business (of which PURE PLATINUM was to be the name) in the UK by means of a website on the internet. He had, however, to date not found a franchisee or premises. The Hearing Officer had to decide:
i) did the use described (incl the website) constitute genuine use, and, if not;
ii) were there proper reasons for non-use?
He decided both questions in favour of the applicants for revocation, and found he had no discretion to preserve the mark.