Trade mark decision

BL Number

O/247/98

Decision date

27 November 1998

Hearing Officer

Mr A James

Mark

SEDUCTION

Applicant for Revocation

Eurocos Cosmetic GmbH

Registered Proprietor

Arnam NV

Revocation

Section 46(1)(b), Award of Costs

Result

Section 46(1)(b): - Registration voluntarily cancelled.

Award of Costs: - Costs awarded to the applicant for revocation.

Points Of Interest

• 1. None

Summary

The Hearing Officer adjourned the hearing in order to give the registered proprietor more time to file evidence in support of his registered mark. Subsequently the registered proprietor filed a Form TM 22 voluntarily cancelling the registration.

The only matter therefore to be decided was the matter of costs. As the registered proprietor had initially defended the registration the applicant had been put to the expense of being represented at the hearing. In the circumstances the Hearing Officer awarded costs to the applicant for revocation.

Full decision O/247/98 6Kb