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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TECHNIC (Trade Mark: Revocation) [2001] UKIntelP o53301 (28 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o53301.html
Cite as: [2001] UKIntelP o53301
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TECHNIC (Trade Mark: Revocation) [2001] UKIntelP o53301 (28 November 2001)
For the whole decision click here: o53301
Trade mark decision
- BL Number
- O/533/01
- Decision date
- 28 November 2001
- Hearing officer
- Dr W J Trott
- Mark
- TECHNIC
- Classes
- 03, 08, 21
- Applicants & Applicants for Revocation
- Badgequo Limited
- Opponents & Registered Proprietor
- Sally Hair & Beauty Supplies Limited
- Interlocutory Hearing in respect of linked opposition/revocation proceedings
Result
Applications for striking out and exercise of Rule 31(3) discretion refused
Points Of Interest
- 1. Rule 31(3) - (which the Hearing Officer regarded as a procedural requirement, and which the registered proprietor had met) should not be used as a means of exercising what would amount to a summary judgement against them.
Summary
The applicants sought the striking out of evidence filed by the opponents/registered proprietor - specifically those parts which claimed that sales had been made to the general public via retail outlets, and also, in exercise of the Registrar’s discretion under Rule 31(3), that the proprietor’s opposition to the revocation action be treated as withdrawn. The Hearing Officer, however felt that the evidence would best be judged in the course of a Main Hearing. He declined to strike out the evidence or exercise the Registrar’s discretion under Rule 31(3).