Trade mark decision

BL Number

O/002/05

Decision date

4 January 2005

Hearing officer

Mr J MacGillivray

Mark

WISI

Classes

09

Applicant for Revocation

Wi-Fi Alliance

Registered Proprietor

Wilhelm Sihn Jr KG

Revocation

Sections 46(1)(a) & (b) & Section 46(5)

Result

Section 46(1)(a) & (b): - Revocation action failed.

Section 46(5): - Revocation action successful.

Points Of Interest

• 1. The registered proprietor appealed to the Appointed Person. The Appointed Person allowed a wider specification of goods and amended the effective date to 25 May 1966.

Summary

The mark in suit was registered with effect from 10 September 1960 in respect of "Electrical and electronic apparatus and instruments included in Class 9". The application for revocation was filed on 15 May 2002 and claimed that the mark had not been put into use in the five years following registration and during the five years prior to the filing of the application. Following the initial evidence rounds the applicant accepted that the registered proprietor had used its mark on "Television transmission and reception apparatus" and amended its request to the cancellation of the registration in respect of all other goods.

The Hearing Officer examined the registered proprietor's evidence carefully and accepted that use of the mark in suit had occurred for a number of years in respect of a range of goods. He, therefore, ordered that the registration be cancelled in respect of all goods other than:

"Apparatus and instruments for receiving and transmitting television signals, apparatus and instruments for receiving and transmitting radio signals; apparatus and instruments for satellite receiving systems; fibre optical transmission and receiving apparatus; directional video and audio systems for monitoring and security purposes."

As regards the effective date of the cancellation the Hearing Officer ordered that it should take effect from the date of five years following the registration process ie 25 April 1966.