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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> YORK (Trade Mark: Revocation) [2004] UKIntelP o32704 (29 October 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o32704.html
Cite as: [2004] UKIntelP o32704
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YORK (Trade Mark: Revocation) [2004] UKIntelP o32704 (29 October 2004)
For the whole decision click here: o32704
Trade mark decision
- BL Number
- O/327/04
- Decision date
- 29 October 2004
- Hearing officer
- Mrs A Corbett
- Mark
- YORK
- Classes
- 12
- Registered Proprietor
- Dennison Trailers Ltd
- Applicants for revocation
- York Trailers Ltd
- Interlocutory hearing concerning the adequacy of evidence of use filed in revocation proceedings.
Result
Evidence of use insufficient to discharge onus; opposition to application for revocation deemed withdrawn.
Points Of Interest
- 1. Quality of evidence of use required to discharge burden under Section 100.
- 2. Discretion under Rule 31(3).
Summary
The Registry had given as its preliminary view that the evidence of use was insufficient to discharge the onus on the registered proprietor. A hearing was arranged to decide this matter.
In the result, the Hearing Officer decided that the evidence filed was not sufficient to demonstrate that a defence of the registration could be mounted. Also there was no justification for an exercise of the discretions allowed for in Rule 31(3). No alternative defence of proper reasons for non-use had been claimed. The Hearing Officer therefore determined that the opposition to the application should be treated as having been withdrawn.