Trade mark decision

BL Number
O/241/01
Decision date
30 May 2001
Hearing Officer
Mr M Knight
Mark
DREAMBOYS
Classes
16
Registered Proprietor
Dreamboys Stars Ltd
Applicants for Revocation
Flintridge Ltd
Preliminary Hearing Re. Applicants’ request for Revocation of the Register

Result

The application for acceptance of the revocation proceedings was refused.

Points Of Interest

  • Actions cannot be taken against expired registrations - [even during the six months grace period]

Summary

An application for revocation of a registration (on the basis of non-use) was refused by the Registry, because the registration had expired. The applicants disputed this, pointing to the possibility of a mark being brought back into use during the six months grace period allowed for late renewal and also pointing to the provisions of Section 43(5) concerning removal of the mark. The Hearing Officer however held that the Act and the Rules were consistent with the Directive in that actions may only be taken against trade marks which are registered and not against a registration which has expired.

Full decision O/241/01 PDF document17Kb