Trade mark decision

BL Number: O/373/00
Decision date: 6 October 2000
Hearing Officer: Mr M Reynolds
Mark: ITR
Classes: 09
Registered Proprietor: Blick PLC
Applicant for Revocation: International Time Recorder Company Ltd
Revocation: Section 46(1)(a) & (b)

Result

Section 46(1)(a) & (b) - Revocation successful

Points Of Interest

1. This is one of three related revocation actions launched on the same date, but not consolidated. The other two actions involve registrations in Classes 14 and 16. See O/374/00 and O/375/00.

Summary

Only the registered proprietors filed evidence and this showed that, to the extent that the mark was used, it was only ever used in relation to "Time recording apparatus and instruments". Evidence as to use in the relevant period 23 August 1994 to 23 August 1999 related to maintenance contracts with a claim that goods under the mark were used as replacement or spare parts. In view of the vagueness of the evidence the Hearing Officer concluded that it did not in fact substantiate a trade in goods or indeed any trading activity in the relevant period. The Hearing Officer thus concluded that the registration should be revoked in its entirety from 16 June 1987 (five years after the completion of the registration procedure) or if successfully appealed by the registered proprietors from 23 August 1994 (the date of filing of the application) in respect of "Time Recording Apparatus and Instruments" and from the earlier date in respect of the remainder of the specification.

Full decision O/373/00 15Kb