Trade mark decision

BL Number
O/279/06
Decision date
27 September 2006
Hearing Officer
Mr M Reynolds
Mark
MOTOWN
Classes
41
Registered Proprietor
Motown Record Company LP
Applicants for Revocation
Jimmy Osman
Application for Revocation
Section 46(1)(a) & (b)

Result

Application for partial revocation: Successful.

Points Of Interest

  • Use of a mark which is also descriptive of the subject matter.

Summary

The applicant for revocation contended that the registered proprietor had not used the mark in respect of three of the services listed in the specifications, namely “discotheque services; presentation of live performances and orchestra services”.

The Hearing Officer, having examined the evidence of use provided by the registered proprietor, concluded that there had been no use of the mark in respect of those services and the registration was revoked in respect of them.

Costs were awarded to the applicant.

Full decision O/279/06 PDF document45Kb