Trade mark decision
- BL Number
- O/014/00
- Decision date
- 28 January 2000
- Hearing Officer
- Mr M Reynolds
- Mark
- NIRALA
- Classes
- 30
- Registered proprietors
- Five Star Traders (a partnership)
- Applicants for revocation
- Mr M S H Nasir & Mr I A Rana (trading as Nirala Sweets London)
- Revocation
- Sections 46(1)(a) and 46(1)(b)
Result
Application successful; registration revoked.
Points Of Interest
- Findings on preliminary points relating to : locus, pleadings (introduction of proper reasons for non-use) and the onus on the registered proprietors of making opening submissions in revocation proceedings.
Summary
The registered proprietors' evidence showed "modest" user but included a number of anomalies not wholly or satisfactorily explained by any independent evidence. The ill-health of one of the partners in the business did not provide a proper reason for non-use. The Hearing Officer concluded that the mark should be revoked.
Full decision O/014/00 
115Kb
