Trade mark decision

BL Number

O/371/06

Decision date

20 December 2006

Appointed Person

Professor Ruth Annand

Mark

CICA

Classes

25

Registered Proprietor

C & J Clark International Limited

Applicants for a declaration of invalidity

Four Star Distribution

Appeal to the Appointed Person against the decision of

Result

Appeal successful; Hearing Officer’s decision set aside; remitted to the Registrar for further consideration.

Points Of Interest

• 1. Further evidence on appeal.
• 2. Evidence of use: “… the proper course of action would have been for the Hearing Officer to resume the hearing below and to make a request for further information from the applicant in exercise of his powers under Rule 57”.

Summary

At first instance (see BL O/099/06) the application for invalidation had failed because the applicant had not provided evidence of use of the mark relied on.

The applicant appealed and asked to be allowed to submit further evidence, which, after due consideration the Appointed Person agreed to.

After hearing argument and submissions the appointed Person accepted that the Hearing Officer had erred by not assessing the original evidence in context and had failed to have regard to all the circumstances of the case. His decision was set aside and the matter remitted to the Registrar for further consideration.

Full decision O/371/06 88Kb