Trade mark decision

BL Number

O/328/06

Decision date

13 November 2006

Appointed Person

Mr Geoffrey Hobbs KC

Mark

MOVIE STAR

Classes

09

Registered Proprietor/Appellant

Look C Ltd

Applicants for Revocation/Respondent

Apple Projects Ltd

Appeal to the Appointed Person against the decision of the Registrar’s Hearing Officer in revocation proceedings.

Result

Appeal partially successful; specification further revised.

Points Of Interest

• It is incumbent on the Hearing Officer to decide what the proprietor was entitled to retain on the basis of the evidence on file. “He should not have been deflected from doing so by ‘what Apple had chosen’ in its own interests to prefer.

Summary

At first instance (see BL O/323/05) the Hearing Officer had ruled that the specification should be reduced to these good on which use had been shown.

The registered proprietor appealed to the Appointed Person, contending that the revised specification did not “accurately reflect the nature and characteristics of the goods of which use had been shown”.

In the result, the Appointed Person further revised the specification, the appeal was therefore partially successful.

As neither party had achieved complete success the Appointed Person made no order as to costs and he ruled that the costs order in the proceedings below should remain undisturbed.

Full decision O/328/06 74Kb