Trade mark decision

BL Number
Decision date
7 December 1999
Appointed Person
Mr M G Clarke QC
Registered Proprietor/Appellants
Zolotas-La Chrysotheque Zolotas
Applicants for Revocation/Respondents
Zolotas Jewelers S.A.
Appeal to the Appointed Person in Revocation Proceedings


Appeal failed

Points Of Interest

  • 1. Order for discovery
  • 2. Extensions of time for filing appeals to the Appointed Person


This was an appeal by the registered proprietors against the decision of the Registrar’s Hearing Officer (O/145/99) by which he ordered the revocation of the registration.

The registered proprietor’s position in relation to the applicants had been such that all the evidence of use (which had been with the proprietor’s consent) was with the applicant company. The registered proprietor had therefore included, in the body of their evidence, a request for the Registrar to order disclosure. No separate request had been made. At an interlocutory hearing the disclosure application, inter alia, had been dealt with and the Registry had ruled that the case had not been made out. This decision had not been appealed.

The Appointed Person ruled that the evidence had not established that there was any agreement between the parties concerning use of the trade mark, and he was therefore not prepared to consider a fresh application for discovery, nor would he over-turn the decision of the Hearing Officer in the substantive matter.

The appeal failed.

Full decision O/464/99 PDF document25Kb