Trade mark decision

BL Number
Decision date
15 September 2005
Appointed Person
Mr David Kitchin QC
Applicant for Revocation
Jimmy Osman
Registered Proprietor
Motown Record Company LP
Section 46(1)(a) & (b


Exercise of Registrar's discretion. Appeal to the Appointed Person: - Appeal dismissed.

Points Of Interest

  • 1. See also Hearing Officer's decision dated 2 March 2005 (BL O/046/05).


In her decision dated 2 March 2005 (BL O/046/05) the Hearing Officer exercised her discretion under Rule 31(5) of the Trade Mark Rules 2000 in favour of the applicant and allowed the proceedings to continue even though the applicant had filed no evidence. The Hearing Officer made her decision conditional upon the applicant providing written or oral submissions in due course.

The Appointed Person considered the appeal fully and stated that he agreed with the approach of the Hearing Officer. She had taken all the relevant facts into consideration before exercising her discretion and the Appointed Person approved her decision. Appeal dismissed.

Full decision O/261/05 PDF document20Kb