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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LI -LO (Trade Mark: Revocation) [2002] UKIntelP o44802 (5 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o44802.html
Cite as: [2002] UKIntelP o44802
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LI-LO (Trade Mark: Revocation) [2002] UKIntelP o44802 (5 November 2002)
For the whole decision click here: o44802
Trade mark decision
- BL Number
- O/448/02
- Decision date
- 5 November 2002
- Hearing officer
- Mr M Reynolds
- Mark
- LI-LO
- Classes
- 28
- Registered Proprietor
- Richard Henry Maskell
- Applicants for Revocation
- Disney Enterprises Inc
- Application for Revocation
- Section 46(1)(a)
Result
Setion 46(1)(a) - Application for revocation partially successful.
Points Of Interest
- 1. Use in a form other than as registered : Section 46(2).
- 2. Discretion.
Summary
This was one of two related actions involving the same mark and the same parties. In the other action (BL O/447/02) the registration was in respect of "sporting articles (except clothing) in Class 28". In this case the registration was in respect of "all goods in Class 28".
The Hearing Officer’s reasons and findings in this case were the same (mutatis mutandis) as in BL O/447/02 qv.
In the result the proprietor’s specification was reduced to the goods in respect of which actual use had been shown ie "Plush toys, electronic toys, activity toys, mechanical toys, inflatable toys, paddling pools, playhouses, skateboards, water games, scooters, games, Christmas decorations, sports balls, apparatus for use in cricket, tennis, croquet, snooker and in pool".