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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LOVETRAIN (Trade Mark: Inter Partes) [2006] UKIntelP o24806 (31 August 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o24806.html Cite as: [2006] UKIntelP o24806 |
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For the whole decision click here: o24806
Result
Section 46(1): Revocation partially successful.
Points Of Interest
Summary
The mark in suit was registered as from 7 September 1994 in respect of the following services in Class 41 “services in the fields of stage presentations, discos, nightclubs, cabarets and dances and publishing; all included in Class 41”.
At the outset the application was for full revocation but after the filing of a counterstatement and evidence of use by the registered proprietor in respect of “disco and cabaret services” the application was amended to relate to the other services listed in the specification.
The Hearing Officer examined the registered proprietor’s evidence in detail and was satisfied that the services provided could reasonably be described as “disco and cabaret services”. He went on to examine these services in relation to the other services listed in the specification and took account of advice from earlier decided cases as to what would constitute a fair specification. In the event he decided none of the services provided by the registered proprietor could be described as “stage presentations, nightclub services, dance services or publishing” and that these services should be deleted from the specification of the mark in suit.
