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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o33803.html
Cite as: [2003] UKIntelP o33803
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THE STRATEGIC COACH (Trade Mark: Revocation) [2003] UKIntelP o33803 (5 November 2003)
For the whole decision click here: o33803
Trade mark decision
- BL Number
- O/338/03
- Decision date
- 5 November 2003
- Hearing officer
- Mr G Salthouse
- Mark
- THE STRATEGIC COACH
- Classes
- 09, 16, 41
- Application for Revocation
- Executive Coaching Network Inc
- Registered Proprietor
- The Strategic Coach Inc
- Revocation
- Section 46(1)(b)
Result
Section 46(1)(b): - Revocation successful in relation to Class 41.
Failed in relation to Classes 9 and 16.
Points Of Interest
- See also BL O/339/03
Summary
The registered proprietor’s business was essentially aimed at the North American market and its internet website reflected this fact. However, pre-recorded audio and video tapes together with manuals and other printed matter such as books, planners and diaries were sold in the UK from 1996 through to 2001 with turnover expanding from 54,000 Canadian Dollars to 125,000 Canadian Dollars. From this evidence the Hearing Officer concluded that the registered proprietor had sold goods as listed in their Classes 9 and 16 registrations and the revocation action failed in relation to these classes.
As regards Class 41 – “arranging and conducting workshops and seminars” - the only evidence filed related to a presentation by Mr Dan Sullivan, founder and president of the registered proprietor, at a seminar organised by Abbey Life in London in 1998. This presentation was recorded and sold in video format. The Hearing Officer decided that as the seminar had been organised by Abbey Life mere attendance and a presentation did not mean that the registered proprietor was providing the services listed in their Class 41 registrations. Clearly they were not and revocation of this registration was allowed.