Decision Nº O/537/16 from Intellectual Property Office - (Trade market), 16 November 2016
| Judge | Miss E. Himsworth QC |
| Date | 16 November 2016 |
| Administrative Decision Number | O/537/16 |
| Registration Number | UK00003069320, UK00003083130, UK00003083229 |
| Court | Intellectual Property Office (United Kingdom) |
O-537-16
1
IN THE MATTER OF REGISTRATION NO 3069320 IN THE NAME OF PAUL
GILMARTIN
AND IN THE REQUEST FOR A DECLARATION OF INVALIDITY THERETO
UNDER NO. 500708 BY PAUL NASH AND MAETHELYIAH L PILE
AND IN THE MATTER OF TRADE MARK APPLICATION NOS 3083130 AND
3083229 BY PAUL NASH AND MAETHELYIAH L PILE
AND IN THE MATTER OF OPPOSITION NOS 404032 AND 404043 THERETO BY
PAUL GILMARTIN
__________________
DECISION
_________________
Introduction
1. This is an appeal against the decision of Mr George Salthouse, acting on behalf of the
Registrar, dated 17 February 2016 (O-086-16). In his Decision the Hearing Officer:
(1) Allowed the application for a declaration of invalidity by Paul Nash and
Maethelyiah L Pile in respect of Trade Mark Registration No. 3069320 in the
name Paul Gilmartin for the series of marks (“the Series Mark”):
(2) Allowed Opposition No. 404032 brought by Paul Gilmartin to Application No
3083130 in the name of Paul Nash and Maethelyiah L Pile for the mark (“the
Logo Mark”:
O-537-16
2
(3) Allowed Opposition No. 404043 brought by Paul Gilmartin to Application
No. 3083229 in the name Paul Nash and Maethelyiah L Pile for the mark
THE DANSE SOCIETY (“the Word Mark”).
2. The appeal relates to the question whether which, if any, of the parties is entitled to
the registration of a trade mark of the name a band namely The Danse Society. I
understand that negotiations/mediation of the dispute has been raised at various times
by the parties with a view to resolving the issue as between them but that has come to
nothing.
Background
3. On 20 August 2014 Mr Gilmartin applied to register the Series Mark and on 21
November 2014 that mark was registered for the following services in Class 41:
Live performances by a musical band; Music concert services;
Music concerts; Music performances; Music production; Music
publishing; Music publishing and music recording services;
Performance of music and singing; Performing of music and
singing; Production of sound and music recordings; Providing
digital music [not downloadable] for the internet; Providing
digital music [not downloadable] from MP3 internet web sites;
Providing digital music [not downloadable] from MP3 internet
websites; Providing digital music [not downloadable] from the
internet; Music entertainment services; Arranging of music
shows; Band performances (live -);Digital music [not
downloadable] provided from mp3 web sites on the internet.
4. On 25 November 2014 Mr Nash and Ms Pile applied to register the Logo Mark in
respect of the following services in Class 41:
Live performances by a musical band, Music concert services,
Music composition for film radio documentary and television
use, Music concerts, Music performances, Music production,
Music publishing, Music publishing and music recording
services, Performance of music and singing, Performing of
music and singing, Production of sound and music recordings,
Providing digital music [not downloadable] for the internet,
Providing digital music [not downloadable] from MP3 internet
web sites, Providing digital music [not downloadable] from
MP3 internet websites, Providing digital music [not
downloadable] from the internet, Music entertainment services,
Arranging of music shows, Digital music [not downloadable]
provided from mp3 web sites on the internet.
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