Trade mark decision

BL Number
O/149/05
Decision date
3 June 2005
Hearing Officer
Mr C Bowen
Mark
MOO JUICE
Classes
29
Registered Proprietor
Almighty Marketing Limited
Applicants for Revocation
Milk Link Limited
Interlocutory Hearing in respect of Revocation Proceedings

Result

Evidence of use filed under Rule 31(3) deemed insufficient; registered proprietor treated as "not opposing the application"; mark revoked.

Points Of Interest

  • 1. Rule 31(3); evidence of use; 'mere assertion'.

Summary

The evidence of use filed by the registered proprietor to accompany Form TM8 was challenged by the applicant for revocation, who claimed that it was insufficient to mount an arguable defence. The Registry, which had initially accepted the evidence appointed a hearing to determine the matter. Following the hearing the Hearing Officer ruled that the evidence was indeed insufficient; he ordered the mark to be revoked in its entirety and awarded costs to the applicant. The registered proprietor asked for a written statement of the Hearing Officer's grounds. These are set out in this decision.

The evidence consisted for the most part of mere assertion and did not 'show' use of the mark. No reasons for an exercise of the Registrar's discretion under Rule 31(3) had been put forward. The registered proprietor was therefore treated "as not opposing the application"

Full decision O/149/05 PDF document50Kb