Trade mark decision

BL Number

O/099/01

Decision date

30 January 2001

Appointed Person

Mr Geoffrey Hobbs KC

Mark

SKYLIFT

Classes

39

Applicant for Rectification & Invalidation

Nationwide Access Limited

Registered Proprietor

Alan William Cross

Hearing Officer’s decision dated 19 July 2000 ( BL O/249/00). Appeal to the Appointed Person

Result

Appeal to the Appointed Person - Proceeding’s stayed. Fresh applications under Sections 25 and 64 to the Registrar envisaged.

Points Of Interest

• 1. See also Hearing Officer’s decision dated 19 July 2000 BL O/249/00 and a decision on fresh proceedings in the Registry BL O/096/03.

Summary

In his decision the Hearing Officer had found that Mr Cross was not the true proprietor of the mark in suit and that ownership should revert to Skylight Platforms Ltd. As that Company was in liquidation and dissolved the mark would be regarded as an asset which would fall to the Crown or Duchy of Lancaster as bona vacantia.

On appeal Mr Cross accepted that he had not been entitled to be recorded as proprietor on the Register. However, he argued for the first time that the mark should be registered in the name of Sharma Group Plc and the Sharma Group sought leave to intervene in these proceedings. A request was also made to file further evidence for the purpose of substantiating the new claim to proprietorship.

The Appointed Person envisaged that there could be a series of rounds of evidence, cross-examination of witnesses etc and there would be no avenue of appeal from any decision handed down. He considered a reference to the Court but decided that the best way forward was to stay the appeal and for those parties who believed they had a proprietary interest in the mark to make such applications as they considered appropriate to the Registrar either under Section 25 (Assignment) or Section 64 (Rectification) or both.

In the event that no applications were made the stay would be removed and the appeal decided. Costs reserved.

Full decision O/099/01 9Kb