Decision Nº O/372/14 from Intellectual Property Office - (Trade market), 15 August 2014
| Judge | Ms A Michaels |
| Registration Number | UK00002586491 |
| Administrative Decision Number | O/372/14 |
| Date | 15 August 2014 |
| Court | Intellectual Property Office (United Kingdom) |
O-372-14
IN THE MATTER OF THE TRADE MARKS ACT 1994
AND IN THE MATTER OF UK TRADE MARK REGISTRATION No 2586491
WHEYHEY IN THE NAME OF BARRY JACOBS
AND IN THE MATTER OF AN APPLICATION FOR A DECLARATION OF INVALIDITY
NO. 84647 THERETO BY THE PROTEIN ICE CREAM COMPANY LIMITED
APPEAL BY THE APPLICANT FOR INVALIDITY FROM THE DECISION OF
MR C J BOWEN DATED 17 JANUARY 2014
__________________
DECISION
__________________
1. This is an appeal from a decision of Mr C J Bowen on behalf of the Registrar, by which he set
aside a decision to invalidate UK trade mark registration No 2586491 after the proprietor
failed to file a TM8, in the exercise of his power under Rule 43 of the Trade Marks Rules
2008.
Background
2. The chronology of this case is somewhat complicated but is also of importance. A number of
facts are contentious, and may fall to be decided in subsequent proceedings, and nothing in
the summary below is intended to pre-empt any findings on matters which are not common
ground between the parties. The main points are as follows:
(a) On 4 April 11, “ Bellator Group” filed UK trade mark application No. 2578732 for a
logo (“the L ogo Mark”), for goods in Classes 29 and 30 including dairy products,
frozen yogurt and ice-cream:
To continue reading
Request your trial