Trade mark decision

BL Number

O/475/99

Decision date

1 December 1999

Appointed Person

Mr S Thorley QC

Mark

ADRENALIN

Classes

03

Applicant

Unilever Plc

Proprietor

Mr N D Gracey & Mrs E Gracey

Revocation

Section 46 and request for discovery under Rules 51 & 52(1) of the Trade Mark Rules 1994 (as amended)

Result

Request for discovery refused: Appeal dismissed

Points Of Interest

• 1. Appeal from Hearing Officer’s decision dated 24 August 1999 (BL O/287/99).

Summary

This was an appeal to the Appointed Person by the registered proprietor who had been refused a request for discovery by the Registrar’s Hearing Officer in his decision dated 24 August 1999 (BL O/287/99).

The request for discovery related to the name of the investigator who had investigated use of the registered proprietors mark. The registered proprietors did not dispute that there had in fact been no use of their registered mark during the relevant period.

The Appointed Person did not consider that the name of the investigator was of any relevance in these proceedings since there had in fact been no use of the proprietors mark. As the proprietors only wished to know the name so that they could take further legal action against him the Appointed Person, like the Hearing Officer, did not consider that the request for discovery should be allowed. Hearing Officer’s decision upheld and appeal dismissed

Full decision O/475/99 11Kb