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United Kingdom Intellectual Property Office Decisions
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PLANET (Trade Mark: Revocation) [2001] UKIntelP o15901 (2 April 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o15901.html
Cite as:
[2001] UKIntelP o15901
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PLANET (Trade Mark: Revocation) [2001] UKIntelP o15901 (2 April 2001)
For the whole decision click here: o15901
Trade mark decision
- BL Number
- O/159/01
- Decision date
- 2 April 2001
- Hearing officer
- Mr M Foley
- Mark
- PLANET
- Classes
- 32
- Registered Proprietor
- Jimmy Nicks Properties Limited
- Applicants for Revocation
- Planet Smoothie, LLC
- Application for Revocation
- Section 46(1)(b)
Result
Applications for revocation under Section 46(1)(b) successful.
Points Of Interest
Summary
The mark had been assigned to the present proprietors by Allied Domecq in May 1997. The mark was not in use at that stage and there was no concrete evidence that the former proprietors had ever used the mark. The Hearing Officer found no evidence of genuine use by the present proprietors, and no proper reasons for non-use.