Trade mark decision

BL Number

O/134/02

Decision date

28 March 2002

Hearing Officer

Mr M Foley

Mark

REALITY

Classes

09

Applicant for Revocation

Sega Gameworks LLC

Registered Proprietor

McDonnell Information Systems Ltd

Revocation

Section 46(1)(b)

Result

Section 46(1)(b) - Revocation partially successful.

Points Of Interest

• None

Summary

The registered proprietor filed details of extensive use of the mark but the supporting documentation showed that the mark at issue had been used in different forms such as REALITYX, REALITY X and with other matter such as XSED4TV REALITY EDI TRADENET. It was also apparent from the evidence that the mark had only been used in respect of a specific range of software rather than the wide range of goods included within the specification of its registered mark.

With regard to the different styles of mark used the Hearing Officer was not convinced that all of the styles were use of the mark as registered. However, he accepted that there had been use of the mark as registered in respect of some goods and he restricted the specification to the particular goods in question. Revocation, therefore, partially successful.

Full decision O/134/02 29Kb