Trade mark decision

BL Number
O/169/00
Decision date
12 May 2000
Appointed Person
Mr S Thorley QC
Mark
ACADEMY
Classes
25
Applicant for Revocation
Nicholas Dynes Gracey
Registered Proprietor
Tritonstyle Limited
Revocation
Section 46(1)

Points Of Interest

  • 1. See also Appointed Person’s decision dated 10 May 1999 ( BL O/135/99) in which he refused an application by the Registered Proprietors to refer the proceedings to the High Court and in which he also refused an application by the applicant for disclosure (discovery).

Summary

These proceedings concerned an appeal of the Hearing Officer's decision dated 27 November, 1998 ( BL O/245/98).

The Appointed Person allowed the registered proprietor to file additional evidence of use to support the registration. As a result the Appointed Person considered that the revocation action should fail and that the registered proprietor should be allowed to retain his existing specification. In the earlier proceedings the Hearing Officer had reduced the scope of the registered proprietor's specification.

This decision was reported in [2000] RPC 35.

Full decision O/169/00 PDF document30Kb