Trade mark decision

BL Number

O/261/05

Decision date

15 September 2005

Appointed Person

Mr David Kitchin QC

Mark

MOTOWN

Classes

41

Applicant for Revocation

Jimmy Osman

Registered Proprietor

Motown Record Company LP

Revocation

Section 46(1)(a) & (b

Result

Exercise of Registrar's discretion. Appeal to the Appointed Person: - Appeal dismissed.

Points Of Interest

• 1. See also Hearing Officer's decision dated 2 March 2005 (BL O/046/05).

Summary

In her decision dated 2 March 2005 (BL O/046/05) the Hearing Officer exercised her discretion under Rule 31(5) of the Trade Mark Rules 2000 in favour of the applicant and allowed the proceedings to continue even though the applicant had filed no evidence. The Hearing Officer made her decision conditional upon the applicant providing written or oral submissions in due course.

The Appointed Person considered the appeal fully and stated that he agreed with the approach of the Hearing Officer. She had taken all the relevant facts into consideration before exercising her discretion and the Appointed Person approved her decision. Appeal dismissed.

Full decision O/261/05 20Kb