Trade mark decision

BL Number
O/325/04
Decision date
28 October 2004
Hearing officer
Mr C Bowen
Mark
THE HOME DEPOT
Classes
02, 06, 07, 08, 11, 19, 42
Registered Proprietor
Homer TLC Inc
Applicants for Revocation
Demp BV
Interlocutory hearing to decide certain matters in Revocation Proceedings

Result

Proceedings consolidated; requests for confidentiality and for redaction of certain exhibits granted.

Points Of Interest

  • 1. Consolidation of proceedings.
  • 2. Confidentiality; redaction of exhibits in evidence.

Summary

The applicant had sought revocation on grounds of non-use during an uninterrupted period of five years. The registered proprietor claimed use, or in the alternative proper reasons for non-use, and supported the counterstatement with evidence in the form of witness statements and accompanying exhibits. The registered proprietor also sought consolidation of the proceedings in respect of all nine registrations and asked that some of the exhibits be treated as confidential, available for inspection only at the Registry’s premise and not to be copied.

The Registry gave as its preliminary view that the proceedings should be consolidated and the request for confidentiality refused. A hearing was arranged to decide these matters.

In the result, the Hearing Officer decided that the proceedings should be consolidated, that some of the material should be treated as confidential and other material redacted. Costs in respect of the interlocutory proceedings were awarded to the registered proprietor, adjusted however to reflect the fact that the redaction request could and should have been made earlier in the proceedings.

Full decision O/325/04 PDF document91Kb