Trade Mark Inter Partes Decision (O/340/19)
O-340-19 TRADE MARKS ACT 1994 IN THE MATTER OF REGISTRATION NOS 2475818, 2162140 & 2146670 IN THE NAME OF ITV STUDIOS LIMITED FOR THE TRADE MARK: CARRY ON AND APPLICATIONS FOR REVOCATION UNDER NOS 502047, 502048 & 502049 BY BRIAN BAKER Background and pleadings 1. On 25 April 2018, Brian Baker (“the applicant”) applied to revoke three trade marks in the name of ITV Studios Limited (“the proprietor”). The grounds for revocation are based upon ss. 46(1)(a) and 46(1)(b) of the Trade Marks Act 1994 (“the Act”). The applicant claims non-use in the five-year period following the dates on which the marks were registered, as well as non-use in the five-year periods following registration, outlined below. Taking account of the partial surrender of some of the goods and services in the contested specifications, filed shortly before the hearing, the contested marks and the scope of the applications for revocation are now as follows: (i) UK trade mark number 2475818 CARRY ON Date of registration: 15 August 2008 Class 16: Books; printed matter; photographs; calendars; posters; greetings cards. Class 21: Household or kitchen utensils and containers (not of precious metal or coated therewith); mugs; cups. Class 41: Entertainment; entertainment services; entertainment services in the form of television programmes, radio, cable, satellite and Internet programmes; production and presentation of television programmes, shows, films, videos and DVDs; production and presentation of television, radio, cable, satellite and Internet programmes; production, presentation, distribution of films and DVDs; amusement game services; gaming services; gambling services; betting services; casino services; the provision of any of the aforesaid services to mobile telephones, via a mobile network, by communications satellite, by microwave or other electronic, digital and analogue media, live, electronically, via a computer network, via the Internet, via extranets, on-line and through the medium of television.
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