Trade mark decision

BL Number
Decision date
14 August 1998
Hearing Officer
Mr M Knight
06, 07, 11
Registered Proprietor
AAF McQuay Inc
Applicants for Revocation and a Declaration of Invalidity
Hypertherm Inc
Application for Revocation
Section 46(1) & 47(1)


Section 46(1) - application for revocation largely successful

Section 47(1) - application dismissed

Points Of Interest

  • Use within the relevant period of a catalogue dating from a period prior to the relevant periods.


The application for invalidation Section 47(1) was dismissed at the outset since nothing had been filed in support of the allegation (which was founded in Section 3(6)).

The evidence of use filed by the proprietor did not persuade the Hearing Officer that there had been genuine use on any items other than parts and fittings for compressors, in Class 7. The remainder of the specifications was revoked.

Full decision O/165/98 PDF document111Kb