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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOTOWN (Trade Mark: Inter Partes) [2006] UKIntelP o27906 (27 September 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o27906.html
Cite as: [2006] UKIntelP o27906
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MOTOWN (Trade Mark: Inter Partes) [2006] UKIntelP o27906 (27 September 2006)
For the whole decision click here: o27906
Trade mark decision
- BL Number
- O/279/06
- Decision date
- 27 September 2006
- Hearing officer
- Mr M Reynolds
- Mark
- MOTOWN
- Classes
- 41
- Registered Proprietor
- Motown Record Company LP
- Applicants for Revocation
- Jimmy Osman
- Application for Revocation
- Section 46(1)(a) & (b)
Result
Application for partial revocation: Successful.
Points Of Interest
- Use of a mark which is also descriptive of the subject matter.
Summary
The applicant for revocation contended that the registered proprietor had not used the mark in respect of three of the services listed in the specifications, namely “discotheque services; presentation of live performances and orchestra services”.
The Hearing Officer, having examined the evidence of use provided by the registered proprietor, concluded that there had been no use of the mark in respect of those services and the registration was revoked in respect of them.
Costs were awarded to the applicant.