Trade mark decision

BL Number
O/255/98
Decision date
4 December 1998
Hearing Officer
Mr M Knight
Mark
PHILOSOPHY
Applicant for Revocation
Alberta Ferretti
Registered Proprietor
Nicholas Dynes Gracey
Revocation
1. Request for discovery2. Registrar’s decision that request had been satisfied

Result

Request for discovery: - Request allowed.

Information provided: - Registrar decided that request for discovery had been satisfied.

Points Of Interest

  • 1. This decision was appealed to the Appointed Person who was not satisfied that the Order for Discovery had been compiled with. The proceedings were remitted to the Registrar and the declarant Mr Keith filed a further declaration. This led to further requests for discovery.
  • 2. See related decisions BL O/404/99 and BL O/168/00 in relation to discovery in these proceedings.

Summary

The applicants for revocation had filed evidence from a Private Investigator a Mr Anton Keith. In his declaration Mr Keith had claimed that he had spoken to the registered proprietor on the pretext that he was interested in his mark and products and had been advised that his business plan had not developed as anticipated and consequently he had not used his mark PHILOSOPHY in relation to sports clothing, as planned.

The registered proprietor disputed the claims made and asked for discovery in relation to the pretext used, and time and place of the alleged meeting. This request was granted and the applicants’ agents stated that the initial enquiries were made at the proprietors address and further enquiries were made with the occupants next door and with those opposite. The Registrar accepted that the request for discovery had been satisfied and asked the registered proprietor to progress the proceedings by filing his evidence.