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Trade mark decision

BL Number
O/147/03
Decision date
29 May 2003
Hearing officer
Mr M Reynolds
Mark
TEAM LOTUS
Classes
35
Registered Proprietor
Team Lotus Ventures Limited
Applicants for Revocation
Group Lotus Plc
Application for Revocation
Section 46(1)(b)

Result

Application for revocation partially successful.

Points Of Interest

  • 1. Proper reasons for non-use : onus on proprietor same as in Section 100.
  • 2. Proper reasons for non-use : difficulties unique to relevant area of trade (F1 motor racing).

Summary

The registered proprietors conceded that there had been no use of the mark during the relevant period. Instead they relied on proper reasons for non-use. These, in the view of the Hearing Officer, lay in the unique circumstances that existed in F1 motor racing. He therefore accepted that there were proper reasons for non-use in respect of all that part of the registration that related to F1 racing, and he revoked the remainder. As both sides had achieved a measure of success he made no order as to costs.

Full decision O/147/03 PDF document119Kb