Trade mark decision

BL Number
Decision date
17 October 2002
Hearing Officer
Mr M Knight
Applicant for Revocation
Elizabeth Florence Emanuel
Registered Proprietor
Continental Shelf 128 Limited
Section 46(1)(d)


Section 46(1)(d): - Revocation action failed.

Points Of Interest

  • 1. See Hearing Officer’s decisions dated 17 October 2002 (BL O/424/02 and BL O/425/02).
  • 2. See also Appointed Person’s decision dated 22 June 2003 (BL O/196/03). Request to transfer proceedings to the High Court refused.
  • 3. Guidance of European Court of Justice [2006] ETMR 56.
  • 4. Appointed Person decision dated 3 November 2006 (BL O/317/06). Hearing Officer’s decision confirmed.


In the parallel opposition proceedings (BL O/024/02) which has been reviewed in some detail the Hearing Officer concluded that as Ms Emanuel had assigned rights in this mark together with the goodwill in the business to the present proprietors, opposition under Section 3(3)(b) - which is the equivalent to Section 46(1)(d) in revocation proceedings - failed because any deception or confusion of the public would be short term and arose as a consequence of the assignment and the departure of Ms Emanuel from the business.

In these proceedings the same issue was involved - deception of the public. In these proceedings the relevant date was the date of the hearing (18 April 2002) whereas in the opposition proceedings the relevant date was 18 March, 1998. As the Hearing Officer had concluded in the opposition proceedings that any deception was likely to be short term until the public became aware that Ms Emanuel had left the business, he concluded that the registered proprietors must be in a better position some three years later in that the public would have become more aware that Ms Emanuel was no longer associated with them. Deception of the public was therefore less likely. The Revocation action based on Section 46(1)(d) thus failed.

Full decision O/425/02 PDF document26Kb