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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TEAM LOTUS (Trade Mark: Revocation) [2003] UKIntelP o14703 (29 May 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o14703.html
Cite as: [2003] UKIntelP o14703
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TEAM LOTUS (Trade Mark: Revocation) [2003] UKIntelP o14703 (29 May 2003)
For the whole decision click here: o14703
Trade mark decision
- BL Number
- O/147/03
- Decision date
- 29 May 2003
- Hearing officer
- Mr M Reynolds
- Mark
- TEAM LOTUS
- Classes
- 35
- Registered Proprietor
- Team Lotus Ventures Limited
- Applicants for Revocation
- Group Lotus Plc
- Application for Revocation
- Section 46(1)(b)
Result
Application for revocation partially successful.
Points Of Interest
- 1. Proper reasons for non-use : onus on proprietor same as in Section 100.
- 2. Proper reasons for non-use : difficulties unique to relevant area of trade (F1 motor racing).
Summary
The registered proprietors conceded that there had been no use of the mark during the relevant period. Instead they relied on proper reasons for non-use. These, in the view of the Hearing Officer, lay in the unique circumstances that existed in F1 motor racing. He therefore accepted that there were proper reasons for non-use in respect of all that part of the registration that related to F1 racing, and he revoked the remainder. As both sides had achieved a measure of success he made no order as to costs.