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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POLICE (Trade Mark: Revocation) [2002] UKIntelP o13102 (21 March 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o13102.html
Cite as: [2002] UKIntelP o13102
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POLICE (Trade Mark: Revocation) [2002] UKIntelP o13102 (21 March 2002)
For the whole decision click here: o13102
Trade mark decision
- BL Number
- O/131/02
- Decision date
- 21 March 2002
- Hearing officer
- Mr G Rose'Meyer
- Mark
- POLICE
- Classes
- 03
- Registered Proprietor
- R Mahtani
- Applicants for Revocation
- De Rigo SPA
- Interlocutory Hearing in Revocation Proceedings
Result
Rule 31(2) evidence admitted to the proceedings.
Rules 31(8) evidence also admitted to the proceedings.
Costs awarded to the applicants.
Points Of Interest
- 1. Assessment of evidence of use filed under Rule 31(2)
Summary
The Registry had given its opinion that the evidence of use filed in accordance with Rule 31(2) was not adequate for the purpose. The registered proprietor maintained that it was, and they also sought to file additional evidence. A hearing was held to decide these matters and to consider the question of costs. The Hearing Officer having heard the submissions decided that the evidence filed met the requirements "if only just". He went on to decide that the admission of further evidence under Rule 31(8), at this stage, would assist the proceedings. He awarded costs of £200 to the applicants in view of the registered proprietor’s failure to copy relevant papers to them.