Trade mark decision

BL Number
Decision date
28 April 2006
Hearing Officer
Mrs A Corbett
03, 06, 09, 14, 16, 24, 25, 28, 35, 37, 38, 41, 42
Applicant for Rectification
Michael Charles White
Registered Proprietor
Atota Communications Ltd
Application for rectification of the register
Section 64


Application for rectification successful.

Points Of Interest

  • Statement of assignment taken at face value unless challenged.


The mark ATOTA had originally been registered in 2003 in the name of Atota Limited. Two years later an application to record a change of ownership was made by a director of Atota Ltd, who claimed that the mark had been assigned to Atota Communications Ltd, of whom he was the sole owner.

Another director of Atota Ltd, on learning of this applied for rectification of the register, to re-register Atota Ltd as the proprietor, claiming that no such assignment had been made.

From an examination of the evidence the Hearing Officer found that this was indeed the case, and the register was rectified accordingly. Neither party had applied for costs and so no order was made.

Full decision O/121/06 PDF document28Kb