Trade mark decision

BL Number

O/314/02

Decision date

2 August 2002

Hearing officer

Mr M Knight

Mark

NALLI

Classes

24, 25

Registered Proprietor

Nalli Chinnasami Chetty (A Partnership)

Applicant for Revocation

Nalli Sambbasivam

Revocation

Section 46(1)(a)

Result

Section 46(1)(a): - Revocation partially successful.

Points Of Interest

• 1. Section 46(1)(a). It was claimed by the registered proprietors that as the revocation was filed after more than five years from the date of registration and based on Section 46(1)(a) it should fail and be dismissed. The Hearing Officer did not agree. Section 46(1)(a) must be considered with Section 46(3) and while it relates to a specific period following registration there is no requirement that an action must be filed close to the end of such period.

Summary

The applicant sought whole or partial revocation of the two registrations which cover a range of goods in the respective classes.

The registered proprietors filed evidence which satisfied the Hearing Officer that there had been genuine use of the mark Nalli (stylised) as registered on "Sarees".

There was some other claimed use of the marks Nalli or NALLI in relation to other goods but the Hearing Officer decided that such use had not been substantiated. However, he went on to consider whether or not use of Nalli Silk Sarees, Nalli in a company name NALLI (in block capitals), was use of the mark as registered. Having considered what constituted the distinctive elements of the registered mark (a) the word Nalli, (b) the type of script and (c) the representation of the word at an angle of 45%, the Hearing Officer determined that the use as claimed was not use of the mark as registered.

Registrations cancelled with the exception of Sarees in Class 25.