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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LOST IN SPACE (Trade Mark: Revocation) [2003] UKIntelP o35703 (20 November 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o35703.html
Cite as: [2003] UKIntelP o35703
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LOST IN SPACE (Trade Mark: Revocation) [2003] UKIntelP o35703 (20 November 2003)
For the whole decision click here: o35703
Trade mark decision
- BL Number
- O/357/03
- Decision date
- 20 November 2003
- Hearing officer
- Mr G Salthouse
- Mark
- LOST IN SPACE
- Classes
- 09
- Registered Proprietor
- Christian Hogue
- Applicants for Revocation
- New Line Productions Inc
- Application for Revocation
- Sections 46(1)(a) & 46(1)(b)
Result
Application for revocation, Section 46 - Successful
Points Of Interest
- 1. None, but see BL O/358/03.
Summary
A separate revocation action against the Class 41 and Class 42 portions of the same registration is dealt with in BL O/358/03.
At the hearing the applicants sought to amend the period under review to cover a time later than the date of filing of the applications for revocation. This was refused.
The evidence of use filed by the registered proprietor however did not persuade the Hearing Officer that there had been use of the mark in the period stipulated, on any of the goods in Class 9. Neither was there evidence of proper reasons for non-use. The application for revocation succeeded accordingly.