Trade mark decision

BL Number
Decision date
5 November 2002
Hearing Officer
Mr M Reynolds
Registered Proprietor
Richard Henry Maskell
Applicants for Revocation
Disney Enterprises Inc
Application for Revocation
Section 46(1)(a)


Setion 46(1)(a) - Application for revocation partially successful.

Points Of Interest

  • 1. Use in a form other than as registered : Section 46(2).
  • 2. Discretion.


This was one of two related actions involving the same mark and the same parties. In the other action (BL O/447/02) the registration was in respect of "sporting articles (except clothing) in Class 28". In this case the registration was in respect of "all goods in Class 28".

The Hearing Officer’s reasons and findings in this case were the same (mutatis mutandis) as in BL O/447/02 qv.

In the result the proprietor’s specification was reduced to the goods in respect of which actual use had been shown ie "Plush toys, electronic toys, activity toys, mechanical toys, inflatable toys, paddling pools, playhouses, skateboards, water games, scooters, games, Christmas decorations, sports balls, apparatus for use in cricket, tennis, croquet, snooker and in pool".

Full decision O/448/02 PDF document43Kb