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United Kingdom Intellectual Property Office Decisions
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CICA (Trade Mark: Invalidity) [2006] UKIntelP o37106 (20 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o37106.html
Cite as:
[2006] UKIntelP o37106
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CICA (Trade Mark: Invalidity) [2006] UKIntelP o37106 (20 December 2006)
For the whole decision click here: o37106
Trade mark decision
- BL Number
- O/371/06
- Decision date
- 20 December 2006
- Hearing officer
- Professor Ruth Annand
- Mark
- CICA
- Classes
- 25
- Registered Proprietor
- C & J Clark International Limited
- Applicants for a declaration of invalidity
- Four Star Distribution
- Appeal to the Appointed Person against the decision of
Result
Appeal successful; Hearing Officer’s decision set aside; remitted to the Registrar for further consideration.
Points Of Interest
-
1. Further evidence on appeal.
-
2. Evidence of use: “… the proper course of action would have been for the Hearing Officer to resume the hearing below and to make a request for further information from the applicant in exercise of his powers under Rule 57”.
Summary
At first instance (see BL O/099/06) the application for invalidation had failed because the applicant had not provided evidence of use of the mark relied on.
The applicant appealed and asked to be allowed to submit further evidence, which, after due consideration the Appointed Person agreed to.
After hearing argument and submissions the appointed Person accepted that the Hearing Officer had erred by not assessing the original evidence in context and had failed to have regard to all the circumstances of the case. His decision was set aside and the matter remitted to the Registrar for further consideration.