Decision Nº O/070/13 from Intellectual Property Office - (Trade market), 14 February 2013
| Judge | Professor Ruth Annand |
| Date | 14 February 2013 |
| Administrative Decision Number | O/070/13 |
| Registration Number | UK00002297176 |
| Court | Intellectual Property Office (United Kingdom) |
O-070-13
1
TRADE MARKS ACT 1994
IN THE MATTER OF REGISTRATION No. 2297176
IN THE NAME OF MR. NASRATUL AMEEN
AND IN THE MATTER OF INVALIDATION APPLICATION No. 82194
BY TAXASSIST DIRECT LIMITED
AND IN THE MATTER OF AN APPEAL TO THE APPOINTED PERSON
BY THE REGISTERED PROPRIETOR
AGAINST A DECISION OF MR. DAVID LANDAU
DATED 27 JUNE 2012
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DECISION
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Background
1. This is an appeal against a decision of Mr. David Landau, the Hearing Officer acting
for the Registrar, dated 27 June 2012, BL O/253/12, in which he declared partially
invalid Trade Mark Registration number 2297176 standing in the name of Mr.
Nasratul Ameen (“the Proprietor”).
2. Registration number 2297176 was deemed never to have made in respect of tax and
accounting services. However, it remained on the Register in relation to management
consultancy services.
3. The invalidation proceedings were instigated by Taxassist Direct Limited (“the
Applicant”).
4. The Applicant did not cross appeal the Hearing Officer’s decision. Therefore,
whatever the outcome of the present appeal, the trade mark in suit stands validly
registered in the name of the Proprietor for management consultancy services.
5. I decided an earlier appeal in relation to this invalidation application in BL O/220/12,
28 May 2012.
6. Put shortly, a mistake was made over the date when the invalidation application was
filed and the requisite proof of use period for the earlier trade mark misapplied.
7. I remitted the case to the Registry for the invalidation application to be decided by a
different Hearing Officer (Mr. David Landau).
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