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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ANASTASE (Trade Mark: Revocation) [2001] UKIntelP o14501 (21 March 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o14501.html
Cite as: [2001] UKIntelP o14501
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ANASTASE (Trade Mark: Revocation) [2001] UKIntelP o14501 (21 March 2001)
For the whole decision click here: o14501
Trade mark decision
- BL Number
- O/145/01
- Decision date
- 21 March 2001
- Hearing officer
- Dr W J Trott
- Mark
- ANASTASE
- Classes
- 25
- Registered Proprietor
- Boston Market
- Applicants for Revocation
- Twentieth Century Fox Film Corporation
- Revocation
- Section 46
Result
Application for revocation successful.
Points Of Interest
- 1. Proprietor's control on 'use with his consent'.
- 2. 'Genuine' use
- 3. Assignment.
Summary
The proprietor's claim to have used the mark depended on certain 'verbal agreements' whereby others had been permitted to use the mark; this was claimed to be use with the proprietor’s consent. The Hearing Officer however found that the arrangements were so loose and control so entirely absent that the use could not be characterised as use with consent. Effectively, the mark was abandoned and he found that the application should succeed. However, he went on to consider the evidence of use such as it was and concluded that this was not 'genuine' use.