Trade mark decision

BL Number
O/576/01
Decision date
13 December 2001
Appointed Person
Mr Geoffrey Hobbs QC
Mark
STAX
Classes
30
Applicant for Revocation
Pepsico Inc
Registered Proprietor
Citylink Group Limited
Revocation
Request that Registrar’s decision be set aside.

Result

Request that Registrar’s decision be set aside. Appeal allowed.

Points Of Interest

  • None

Summary

The applicant for revocation filed their application on 12 April 2001. The application was sent to the registered proprietor on 24 April 2001 and he was allowed a period of three months to 24 July 2001 to file a counterstatement and evidence of use of his mark or reasons for non-use of his mark. On 19 July 2001 the registered proprietor assigned the trade mark to the applicant for revocation but due to an oversight neither party advised the Registrar. As no counterstatement had been filed within the time allowed the Registrar treated the revocation action as undefended and issued his decision revoking the registration from 12 April 2001.

The applicants for revocation appealed to the Appointed Person and asked that the decision be set aside. The Registrar did not oppose the request and indicated that if she had been aware of the true position no decision would have been issued as she would have considered the proceedings concluded. The Appointed Person had dealt with a similar case in Revocation No 8712 and decided to follow that precedent. He therefore allowed the appeal and ordered that the Registrar’s decision dated 12 September 2001 be set aside.

Full decision O/576/01 PDF document11Kb