Trade mark decision

BL Number
O/134/02
Decision date
28 March 2002
Hearing Officer
Mr M Foley
Mark
REALITY
Classes
09
Applicant for Revocation
Sega Gameworks LLC
Registered Proprietor
McDonnell Information Systems Ltd
Revocation
Section 46(1)(b)

Result

Section 46(1)(b) - Revocation partially successful.

Points Of Interest

  • None

Summary

The registered proprietor filed details of extensive use of the mark but the supporting documentation showed that the mark at issue had been used in different forms such as REALITYX, REALITY X and with other matter such as XSED4TV REALITY EDI TRADENET. It was also apparent from the evidence that the mark had only been used in respect of a specific range of software rather than the wide range of goods included within the specification of its registered mark.

With regard to the different styles of mark used the Hearing Officer was not convinced that all of the styles were use of the mark as registered. However, he accepted that there had been use of the mark as registered in respect of some goods and he restricted the specification to the particular goods in question. Revocation, therefore, partially successful.

Full decision O/134/02 PDF document29Kb