Trade mark decision

BL Number
Decision date
21 March 2002
Hearing Officer
Mr G Rose'Meyer
Registered Proprietor
R Mahtani
Applicants for Revocation
De Rigo SPA
Interlocutory Hearing in Revocation Proceedings


Rule 31(2) evidence admitted to the proceedings.

Rules 31(8) evidence also admitted to the proceedings.

Costs awarded to the applicants.

Points Of Interest

  • 1. Assessment of evidence of use filed under Rule 31(2)


The Registry had given its opinion that the evidence of use filed in accordance with Rule 31(2) was not adequate for the purpose. The registered proprietor maintained that it was, and they also sought to file additional evidence. A hearing was held to decide these matters and to consider the question of costs. The Hearing Officer having heard the submissions decided that the evidence filed met the requirements "if only just". He went on to decide that the admission of further evidence under Rule 31(8), at this stage, would assist the proceedings. He awarded costs of £200 to the applicants in view of the registered proprietor’s failure to copy relevant papers to them.

Full decision O/131/02 PDF document23Kb