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United Kingdom Intellectual Property Office Decisions
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SIZZLER (Trade Mark: Revocation) [2001] UKIntelP o16501 (3 April 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o16501.html
Cite as:
[2001] UKIntelP o16501
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SIZZLER (Trade Mark: Revocation) [2001] UKIntelP o16501 (3 April 2001)
For the whole decision click here: o16501
Trade mark decision
- BL Number
- O/165/01
- Decision date
- 3 April 2001
- Hearing officer
- Mr M Reynolds
- Mark
- SIZZLER
- Classes
- 42
- Registered Proprietor
- Sizzler International Marks Inc
- Applicants for Revocation
- Sizzlers Restaurants No 1 Limited
- Application for Revocation
- Section 46(1)
Result
Application for revocation under Section 46(1): - Successful.
Points Of Interest
-
1. Position of franchisers in relation to "proper reasons".
Summary
The registered proprietor could not show any use but sought to rely on the evidence of their attempts to find suitable franchisees in the UK as providing proper reasons for non-use. However, no information was provided about their progress or their experiences in other markets; the Hearing Officer found that there were no proper reasons, and he also felt bound by earlier decisions that the Registrar had no discretion to preserve the registration.