Trade mark decision

BL Number

O/236/05

Decision date

25 August 2005

Hearing officer

Mr David Kitchin QC

Mark

BACTI GUARD

Classes

01, 05, 10

Applicant for Revocation

Fenchurch Environmental Group Limited

Registered Proprietor

Ad Tech Holdings Limited

Revocation

Interlocutory hearing to decide on a request by the registered proprietor to "strike out" the request for revocation. Appeal of Registry decision to the Appointed Person.

Result

Request to "strike out": - Appeal refused.

Points Of Interest

• As per summary.

Summary

This was an appeal to the Appointed Person of the Hearing Officer’s decision dated 30 September 2004 (BL O/300/04). In that decision the Hearing Officer decided that he had the power to “strike out” the request for revocation but decided not to do so in this case. He also considered the effect of a co-existence agreement between the parties and concluded that the agreement did not prohibit the bringing of revocation proceedings for non-use and secondly, if the agreement did prohibit such proceedings, then the agreement was invalid and unenforceable as being an unreasonable restraint of trade.

The Appointed Person agreed generally with the Hearing Officer’s decision but not this reasoning in relation to his views on the agreement between the two parties. He therefore went on to consider the agreement in some detail and its effect in relation to the current revocation proceedings. In relation to the “restraint of trade” point he went on to consider the evidence which had been filed in these proceedings as he considered that it would be necessary to establish the factual and trading position of the two parties when the agreement was entered into in June 1978. In remitting the case to the Registrar, he asked that this matter be given further consideration and suggested that both parties should be asked to file further evidence to clarify matters