Decision Nº O/079/22 from Intellectual Property Office - (Trade market), 31 January 2022
| Judge | Mr Arran Cooper |
| Date | 31 January 2022 |
| Registration Number | UK00003038806 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/079/22 |
O/079/22
TRADE MARKS ACT 1994
IN THE MATTER OF
APPLICATION NO. 503687
TO REVOKE ON THE GROUNDS OF NON-USE
TRADE MARK REGISTRATION NO. 3038806
OF THE TRADE MARKS:
(SERIES OF TWO)
OWNED BY
SHOOSMITHS LLP
2
BACKGROUND AND PLEADINGS
1. These proceedings concern a series of trade marks owned by Shoosmiths LLP
(“the proprietor”) that are shown on the cover page of this decision (“the proprietor’s
registration”). The proprietor’s registration was filed on 22 January 2014 and
entered in the register on 13 June 2014 in respect of the following goods and
services:
Class 9: Apparatus for recording, transmission or production of sound or
images; magnetic data carriers; digital media; recording discs;
recorded media; computer software; software downloadable from
the Internet; downloadable electronic publications; downloadable
computer software applications; compact discs; DVDs.
Class 16: Paper, cardboard; printed publications; pre-prepared legal
documents for use by consumers.
Class 36: Insurance; financial services; real estate agency services;
financial services provided via the Internet.
Class 45: Legal services; conveyancing services; legal services provided
via the Internet; advisory services relating to legal issues; legal
consultancy; legal research services; brand protection and
consultancy services; consultancy advisory and information
services relating to the aforesaid services.
2. On 3 March 2021, Access UK Ltd (“the applicant”) applied for the revocation in full
of the proprietor’s registration, relying on sections 46(1)(a) and 46(1)(b) of the
Trade Marks Act 1994 (“the Act”).
3. The period during which the applicant alleges non-use of the trade mark under
section 46(1)(a) is the five years after registration of the proprietor’s registration,
being 14 June 2014 to 13 June 2019 (“the first relevant period”), with revocation
sought from 14 June 2019. Under its section 46(1)(b) ground, the applicant is
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