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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RAPIER (Trade Mark: Revocation) [2007] UKIntelP o01307 (9 January 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o01307.html
Cite as: [2007] UKIntelP o1307, [2007] UKIntelP o01307
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RAPIER (Trade Mark: Revocation) [2007] UKIntelP o01307 (9 January 2007)
For the whole decision click here: o01307
Trade mark decision
- BL Number
- O/013/07
- Decision date
- 9 January 2007
- Hearing officer
- Mrs A Corbett
- Mark
- RAPIER
- Classes
- 09
- Registered Proprietor
- Rapier 1 Limited
- Applicants for Revocation
- Allied Telesyn Inc
- Interlocutory Hearing in respect of Revocation Proceedi
Result
Error corrected under Rule 66; parties’ positions restored to the position pre-error.
Points Of Interest
- 1. Surrender/revocation - effect on claim of seniority.
- 2. Correction of errors by use of Rule 66.
Summary
The Registry had wrongly indicated that the surrender of the mark by the proprietor had also brought the revocation action to a close and that TM8 and counterstatement would no longer be required.
In view of the possible effect this could have on claims of seniority in a related CTM application the agent for the registered proprietor queried this and the Registry again erred in giving the requested assurance.
The applicant for revocation then asked for a declaration that the mark would have been revoked had surrender not taken place. The time for filing TM8 and counterstatement had meantime expired.
Following a hearing respecting these matters the Hearing Officer decided that the errors should be corrected by exercise of Rule 66 and the parties returned to the position they would have been in had the error not taken place.