Trade mark decision

BL Number

O/165/98

Decision date

14 August 1998

Hearing officer

Mr M Knight

Mark

HT

Classes

06, 07, 11

Registered Proprietor

AAF McQuay Inc

Applicants for Revocation and a Declaration of Invalidity

Hypertherm Inc

Application for Revocation

Section 46(1) & 47(1)

Result

Section 46(1) - application for revocation largely successful

Section 47(1) - application dismissed

Points Of Interest

• Use within the relevant period of a catalogue dating from a period prior to the relevant periods.

Summary

The application for invalidation Section 47(1) was dismissed at the outset since nothing had been filed in support of the allegation (which was founded in Section 3(6)).

The evidence of use filed by the proprietor did not persuade the Hearing Officer that there had been genuine use on any items other than parts and fittings for compressors, in Class 7. The remainder of the specifications was revoked.

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