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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> REALITY (Trade Mark: Revocation) [2002] UKIntelP o13402 (28 March 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o13402.html
Cite as: [2002] UKIntelP o13402
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REALITY (Trade Mark: Revocation) [2002] UKIntelP o13402 (28 March 2002)
For the whole decision click here: o13402
Trade mark decision
- BL Number
- O/134/02
- Decision date
- 28 March 2002
- Hearing officer
- Mr M Foley
- Mark
- REALITY
- Classes
- 09
- Applicant for Revocation
- Sega Gameworks LLC
- Registered Proprietor
- McDonnell Information Systems Ltd
- Revocation
- Section 46(1)(b)
Result
Section 46(1)(b) - Revocation partially successful.
Points Of Interest
- None
Summary
The registered proprietor filed details of extensive use of the mark but the supporting documentation showed that the mark at issue had been used in different forms such as REALITYX, REALITY X and with other matter such as XSED4TV REALITY EDI TRADENET. It was also apparent from the evidence that the mark had only been used in respect of a specific range of software rather than the wide range of goods included within the specification of its registered mark.
With regard to the different styles of mark used the Hearing Officer was not convinced that all of the styles were use of the mark as registered. However, he accepted that there had been use of the mark as registered in respect of some goods and he restricted the specification to the particular goods in question. Revocation, therefore, partially successful.