Trade mark decision

BL Number: O/310/04
Decision date: 13 October 2004
Hearing Officer: Mr M Reynolds
Mark: HUGO THE TV TROLL
Classes: 09
Applicant for Revocation: Dorling Kindersley Limited
Registered Proprietor: Interactive Television Entertainment APS
Revocation: Section 46(1)(b)

Result

Section 46(1)(b): - Application for revocation successful.

Points Of Interest

1. None

Summary

The applicant for revocation claimed non-use of the registered mark during the five years prior to the application. In the event that the registered proprietor proved use in respect of some goods, the applicant asked that its specification be reduced accordingly.

The registered proprietor filed evidence of use by way of a statutory declaration and exhibits from its professional representation Mr M R Lynd. All the exhibits were pages taken from the proprietor’s website and from websites which he considered relevant. The Hearing Officer examined this evidence carefully but concluded that while there may have been some advertising relating to a character called HUGO in computer games, there was no use of the mark as registered and no evidence of actual sales of goods either to UK customers or within the UK. As there had been no relevant use of the mark as registered the application for revocation succeeded in full.

Full decision O/310/04 56Kb