Trade mark decision

BL Number
O/133/01
Decision date
15 March 2001
Hearing Officer
Mr G Salthouse
Mark
PURE PLATINUM
Classes
41
Registered Proprietor
Michael J Peter
Applicants for Revocation
Stringfellow Restaurants Limited
Revocation
Sections 46(1)(a) & 46(1)(b)

Result

Section 46 - Mark revoked

Points Of Interest

  • 1. Preliminary point on period for filing evidence of use
  • 2. Admissibility of witness statements
  • 3. Use of mark via the internet
  • 4. Proper reasons for non-use
  • 5. Discretion

Summary

The registered proprietor (based in the USA) had sought to promote a nightclub business (of which PURE PLATINUM was to be the name) in the UK by means of a website on the internet. He had, however, to date not found a franchisee or premises. The Hearing Officer had to decide:

i) did the use described (incl the website) constitute genuine use, and, if not;

ii) were there proper reasons for non-use?

He decided both questions in favour of the applicants for revocation, and found he had no discretion to preserve the mark.

Full decision O/133/01 PDF document44Kb