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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MOVIE STAR (Trade Mark: Revocation) [2006] UKIntelP o32806 (13 November 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o32806.html
Cite as: [2006] UKIntelP o32806
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MOVIE STAR (Trade Mark: Revocation) [2006] UKIntelP o32806 (13 November 2006)
For the whole decision click here: o32806
Trade mark decision
- BL Number
- O/328/06
- Decision date
- 13 November 2006
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- MOVIE STAR
- Classes
- 09
- Registered Proprietor/Appellant
- Look C Ltd
- Applicants for Revocation/Respondent
- Apple Projects Ltd
- Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in revocation proceedings.
Result
Appeal partially successful; specification further revised.
Points Of Interest
- It is incumbent on the Hearing Officer to decide what the proprietor was entitled to retain on the basis of the evidence on file. “He should not have been deflected from doing so by ‘what Apple had chosen’ in its own interests to prefer.
Summary
At first instance (see BL O/323/05) the Hearing Officer had ruled that the specification should be reduced to these good on which use had been shown.
The registered proprietor appealed to the Appointed Person, contending that the revised specification did not “accurately reflect the nature and characteristics of the goods of which use had been shown”.
In the result, the Appointed Person further revised the specification, the appeal was therefore partially successful.
As neither party had achieved complete success the Appointed Person made no order as to costs and he ruled that the costs order in the proceedings below should remain undisturbed.