Decision Nº O/329/20 from Intellectual Property Office - (Trade market), 18 June 2020
| Judge | Mr Daniel Alexander QC |
| Administrative Decision Number | O/329/20 |
| Date | 18 June 2020 |
| Registration Number | UK00003000708 |
| Court | Intellectual Property Office (United Kingdom) |
1
O/329/20
UNITED KINGDOM TRADE MARK REGISTRATION NUMBER
3000708 FOR SIMPLEX (DEVICE) IN THE NAME OF NIGLON LIMITED (THE
“RESPONDENT”) AND CANCELLATION APPLICATION NUMBER 502287 THERET O
BY BURN CABLE MANAGEMENT SYSTEMS LIMITED (THE “APPELLANT”)
DECISION
INTODUCTION
1. The Appellant appeals from the decision of the hearing officer, Mr Andrew Feldon acting
for the Registrar dated 24 October 2019 whereby he dismissed the application made by
the Appellant to revoke for non-use the Respondent’s registered trade mark number
3000708 (the “Trade Mark”) for the device:
(the “Device”),
The application was filed on 5 April 2013, registered on 27 September 2013 in respect
of ‘electrical conduits and conduit fittings included in class 9’ (“the Goods”).
2. The application to revoke the mark was made on 9 October 2018, with effect from 28
September 2018 under section 46(1)(a) of the 1994 Act.
3. The Respondent filed a short witness statement of Mr Simon Hinley accompanied by
four exhibits which were said to demonstrate use of the Trade Mark. The hearing officer
concluded that this material was sufficient to demonstrate genuine use and refused to
revoke it.
THE APPEAL
Alleged errors in the hearing officer’s determination
4. The Appellant contends that the hearing officer erred in two main respects:
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