Trade mark decision

BL Number
O/323/05
Decision date
13 December 2005
Hearing Officer
Mr D Landau
Mark
MOVIESTAR
Classes
09
Registered Proprietor
LookC Limited
Applicant for Revocation
Apple Projects Limited
Revocation
Sections 46(1)(a) & 46(1)(b)

Result

Application for revocation Section 46(1)(a) partially successful.

Points Of Interest

  • 1. Admission of further evidence/material during the hearing.

Summary

As a preliminary issue the Hearing Officer admitted additional evidence for the key reason that it defined "what the product described in the invoice is". It therefore assisted the Hearing Officer in making his decision. He declined, however, to admit or take notice of a letter which should have been filed as evidence (and which in any case did not assist).

Having considered the matter the Hearing Officer found the applicant for revocation partially successful and the registration was reduced accordingly.

Each side was to bear its own costs.

Full decision O/323/05 PDF document53Kb