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United Kingdom Intellectual Property Office Decisions
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ATOTA (Trade Mark: Rectification) [2006] UKIntelP o12106 (28 April 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o12106.html
Cite as:
[2006] UKIntelP o12106
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ATOTA (Trade Mark: Rectification) [2006] UKIntelP o12106 (28 April 2006)
For the whole decision click here: o12106
Trade mark decision
- BL Number
- O/121/06
- Decision date
- 28 April 2006
- Hearing officer
- Mrs A Corbett
- Mark
- ATOTA
- Classes
- 03, 06, 09, 14, 16, 24, 25, 28, 35, 37, 38, 41, 42
- Applicant for Rectification
- Michael Charles White
- Registered Proprietor
- Atota Communications Ltd
- Application for rectification of the register
- Section 64
Result
Application for rectification successful.
Points Of Interest
-
Statement of assignment taken at face value unless challenged.
Summary
The mark ATOTA had originally been registered in 2003 in the name of Atota Limited. Two years later an application to record a change of ownership was made by a director of Atota Ltd, who claimed that the mark had been assigned to Atota Communications Ltd, of whom he was the sole owner.
Another director of Atota Ltd, on learning of this applied for rectification of the register, to re-register Atota Ltd as the proprietor, claiming that no such assignment had been made.
From an examination of the evidence the Hearing Officer found that this was indeed the case, and the register was rectified accordingly. Neither party had applied for costs and so no order was made.