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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PRIMARK (Trade Mark: Revocation) [2001] UKIntelP o35701 (15 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35701.html
Cite as: [2001] UKIntelP o35701
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PRIMARK (Trade Mark: Revocation) [2001] UKIntelP o35701 (15 August 2001)
For the whole decision click here: o35701
Trade mark decision
- BL Number
- O/357/01
- Decision date
- 15 August 2001
- Hearing officer
- Mr M Knight
- Mark
- PRIMARK
- Classes
- 09, 16, 35
- Registered Proprietor
- Primark Stores Limited
- Applicants for Revocation
- Primark Corporation
- Application for Revocation
- Section 46(1)(a)
Result
Section 46: - Application for revocation successful.
Points Of Interest
- The onus on the proprietor to show evidence of use is not confined to the detail in the pleadings.
Summary
The Hearing Officer considered that the evidence provided by the registered proprietor had not shown use of the mark, as required by Section 100. Also, he declined to suspend his decision pending the outcome of the European Court of Justice’s consideration of the matter of residual discretion under Section 46, since no basis for discretion in this case had been put to him and no use of the mark had been shown.