Trade mark decision

BL Number: O/011/00
Decision date: 27 January 2000
Hearing Officer: Mr M Reynolds
Mark: MARTENELLI
Classes: 25
Registered proprietors: Martin Martinez Ibanez & Jose Torres Hernandez
Applicants for revocation: Deejay Import-Export (London) Limited
Revocation: Section 46(1)(b)

Result

Application successful; registration revoked.

Points Of Interest

Considerations as to quality of evidence required to discharge onus under Section 100.

Summary

Whilst the evidence showed some indications of commercial activity it did not clearly establish that actual trading had taken place involving use of the mark. The Hearing Officer concluded that the onus placed on the proprietor by Section 100 had not been discharged.

Full decision O/011/00 27Kb