Trade mark decision

BL Number

O/173/98

Decision date

21 August 1998

Hearing Officer

Mr M Reynolds

Mark

INEGA

Classes

25

Registered Proprietor

Occo Limited

Applicant for Rectification

Gillian Brennan

Application for Rectification of the Register

Section 32

Result

Application for rectification successful

Points Of Interest

• Assignments by companies in liquidation.

Summary

Due to a series of assignments, over a number of years, the registered proprietor was Occo Limited. However, an earlier assignment was disputed by the present applicant for rectification. The registered proprietor was dissolved, the Official Receiver did not wish to defend the action, and, as a precaution, the mark had been acquired from the Crown by virtue of Section 654 of the Companies Act 1985. The Hearing Officer found that Mrs Brennan had the necessary status as a "person aggrieved".

In the matter of the assignments the Hearing Officer eventually found that the assignment from Steepleglade to Quad Clothing took place when the assignor was in liquidation. Hence that and all subsequent assignments were invalid. Mrs Brennan's prior claim was upheld, therefore. The consequences flowing from this were:- the register would be rectified; the request for restoration and renewal could now be determined; Mrs Brennan's application to intervene in a separate rectification action could also now be determined.

Full decision O/173/98 20Kb