Decision Nº O/235/14 from Intellectual Property Office - (Trade market), 27 May 2014

JudgeMiss E. Himsworth QC
Registration NumberUK00002102178
Administrative Decision NumberO/235/14
Date27 May 2014
CourtIntellectual Property Office (United Kingdom)
O-235-14
IN THE MATTER OF REGISTERED TRADE MARK No. 2102178 IN THE NAME
OF TAKE-TWO INTERACTIVE SOFTWARE, INC.
AND IN THE MATTER OF THE APPLICATION FOR REVOCATION No. 84401
THERETO BY MITJA KRZISNIK
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DECISION
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Introduction
1. This is an appeal from the decision of Mrs Judi Pike, acting for the Registrar, dated 4
June 2013 (O-233-13), in which she partially allowed the application for revocation
brought by Mr Mitja Krzisnik (‘the Respondent’) against a trade mark registration in
the name of Take-Two Interactive, Software, Inc. (‘the Appellant’).
2. Trade Mark Registration No. 2102178 was filed on 7 June 1996. The Registration is
for a series of 2 marks:
3. The registration covered the following goods in Class 25:
Articles of clothing; articles of leisure wear; t-shirts; jeans;
articles of denim clothing; headgear; footwear.
4. The registration procedure was completed on 20 December 1996.
5. On 24 April 2012 the Respondent filed an application for revocation of the
registration in full under Sections 46(1)(a) and 46(1)(b) of the Trade Marks Act 1994
(‘the 1994 Act’). The Respondent claimed that no use had been made of the marks in
the forms as registered, for the goods as registered:

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