Trade mark decision

BL Number: O/165/01
Decision date: 3 April 2001
Hearing Officer: Mr M Reynolds
Mark: SIZZLER
Classes: 42
Registered Proprietor: Sizzler International Marks Inc
Applicants for Revocation: Sizzlers Restaurants No 1 Limited
Application for Revocation: Section 46(1)

Result

Application for revocation under Section 46(1): - Successful.

Points Of Interest

1. Position of franchisers in relation to "proper reasons".

Summary

The registered proprietor could not show any use but sought to rely on the evidence of their attempts to find suitable franchisees in the UK as providing proper reasons for non-use. However, no information was provided about their progress or their experiences in other markets; the Hearing Officer found that there were no proper reasons, and he also felt bound by earlier decisions that the Registrar had no discretion to preserve the registration.

Full decision O/165/01 26Kb