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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOTOWN (Trade Mark: Revocation) [2005] UKIntelP o26105 (15 September 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o26105.html
Cite as: [2005] UKIntelP o26105
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MOTOWN (Trade Mark: Revocation) [2005] UKIntelP o26105 (15 September 2005)
For the whole decision click here: o26105
Trade mark decision
- BL Number
- O/261/05
- Decision date
- 15 September 2005
- Hearing officer
- Mr David Kitchin QC
- Mark
- MOTOWN
- Classes
- 41
- Applicant for Revocation
- Jimmy Osman
- Registered Proprietor
- Motown Record Company LP
- Revocation
- Section 46(1)(a) & (b
Result
Exercise of Registrar's discretion. Appeal to the Appointed Person: - Appeal dismissed.
Points Of Interest
- 1. See also Hearing Officer's decision dated 2 March 2005 (BL O/046/05).
Summary
In her decision dated 2 March 2005 (BL O/046/05) the Hearing Officer exercised her discretion under Rule 31(5) of the Trade Mark Rules 2000 in favour of the applicant and allowed the proceedings to continue even though the applicant had filed no evidence. The Hearing Officer made her decision conditional upon the applicant providing written or oral submissions in due course.
The Appointed Person considered the appeal fully and stated that he agreed with the approach of the Hearing Officer. She had taken all the relevant facts into consideration before exercising her discretion and the Appointed Person approved her decision. Appeal dismissed.