Trade mark decision

BL Number
O/251/05
Decision date
12 September 2005
Appointed Person
Mr Geoffrey Hobbs QC
Mark
WISI
Classes
09
Applicant for Revocation
Wi-Fi Alliance
Registered Proprietor
Wilhelm Sihn Jr KG
Revocation
Sections 46(1)(a) & (b) & Section 46(5)

Result

Section 46(1)(a) & (b) & Section 46(5): - Appeal allowed in part

Points Of Interest

Summary

This was an appeal to the Appointed Person by the registered proprietor of the Hearing Officer's decision dated 4 January 2005. In that decision the Hearing Officer had cancelled the registration in respect of all goods other than those he listed in a revised specification and he allowed revocation at a date five years following registration 25 April 1966.

On appeal the registered proprietor submitted that:

The word "frequency" had been omitted from the expression "radio signals" in the revised specification;

The proposed specification was too restrictive in the light of the evidence filed;

The date of the revocation should not have been prior to the date of the application for revocation.

As regards the first point the Appointed Person considered this a mere clerical error which could be amended in the revised specification.

As regards the second point the Appointed Person considered the evidence filed and took account of guidance from past decided cases. In the event he decided that the Hearing officer had been unduly restrictive and proposed the following amended specification;

As regards the third point the Appointed Person considered that the registered proprietor had joined issue with the applicant as regards the date from which the application should take effect by claiming use from 1960. In any case he saw no reason to vary the date in the Hearing Officer’s decision other than to move it to 25 May 1966 from 25 April 1966 as this reflected the five year period following registration.

Full decision O/251/05 PDF document41Kb