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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOVIESTAR (Trade Mark: Revocation) [2005] UKIntelP o32305 (13 December 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o32305.html
Cite as: [2005] UKIntelP o32305
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MOVIESTAR (Trade Mark: Revocation) [2005] UKIntelP o32305 (13 December 2005)
For the whole decision click here: o32305
Trade mark decision
- BL Number
- O/323/05
- Decision date
- 13 December 2005
- Hearing officer
- Mr D Landau
- Mark
- MOVIESTAR
- Classes
- 09
- Registered Proprietor
- LookC Limited
- Applicant for Revocation
- Apple Projects Limited
- Revocation
- Sections 46(1)(a) & 46(1)(b)
Result
Application for revocation Section 46(1)(a) partially successful.
Points Of Interest
- 1. Admission of further evidence/material during the hearing.
Summary
As a preliminary issue the Hearing Officer admitted additional evidence for the key reason that it defined "what the product described in the invoice is". It therefore assisted the Hearing Officer in making his decision. He declined, however, to admit or take notice of a letter which should have been filed as evidence (and which in any case did not assist).
Having considered the matter the Hearing Officer found the applicant for revocation partially successful and the registration was reduced accordingly.
Each side was to bear its own costs.