Trade mark decision

BL Number

O/161/07

Decision date

7 June 2007

Hearing officer

Mr Richard Arnold QC

Mark

EXTREME

Classes

18

Applicant for Revocation

Pan World Brands Limited

Registered Proprietor

Tripp Limited

Revocation

Section 46(1)(a) & (b)

Result

Section 46(1)(a) & (b): Appeal allowed in respect of a specification reading “luggage”.

Points Of Interest

• 1. See Hearing Officer’s decision dated 5 December 2006 (BL O/342/06).
• 2. How evidence should be considered - Paragraphs 36 & 37.
• 3. The applicant asked for a different date of revocation as compared to that in its claim. Request refused.

Summary

In his decision dated 5 December 2006 (BL O/342/06) the Hearing Officer had concluded that the registered proprietor had failed to prove use of its mark and revocation was allowed in full.

On appeal the Appointed Person reviewed the evidence before the Hearing Officer and concluded that he had been in error in reaching his decision. The Appointed Person noted that first hand evidence had been given by an Officer of the registered proprietor who was in a position to know the business of his company. He had stated that there had been sales of the order of some hundreds of thousands of pounds and this evidence had not been formally challenged, nor had a request been made to cross-examine this declarant. There was also supporting documentary evidence in relation to at least some of the claims made. On an overall view the Appointed Person concluded that there had been use of the mark in suite in relation to “holdalls” and that the registered proprietor should be allowed to retain its registration with a specification reading “luggage”.

The Appointed Person carried out a full review of how evidence should be considered and he observed that it was not appropriate to disregard credible evidence which was not formally challenged or where cross-examination was not requested.