Trade mark decision

BL Number

O/279/06

Decision date

27 September 2006

Hearing Officer

Mr M Reynolds

Mark

MOTOWN

Classes

41

Registered Proprietor

Motown Record Company LP

Applicants for Revocation

Jimmy Osman

Application for Revocation

Section 46(1)(a) & (b)

Result

Application for partial revocation: Successful.

Points Of Interest

• Use of a mark which is also descriptive of the subject matter.

Summary

The applicant for revocation contended that the registered proprietor had not used the mark in respect of three of the services listed in the specifications, namely “discotheque services; presentation of live performances and orchestra services”.

The Hearing Officer, having examined the evidence of use provided by the registered proprietor, concluded that there had been no use of the mark in respect of those services and the registration was revoked in respect of them.

Costs were awarded to the applicant.

Full decision O/279/06 45Kb