James Michael Keogh

This decision concerns an application by James Michael Keogh, in his capacity as executor of the estate of Peter Geoffrey Brock (deceased), for the recordal of a transmission of trade mark registrations. The dispute arose in the context of potential relevance to infringement proceedings brought by TM Nominees, specifically concerning registration 940276. The matter was heard by Michael Kirov, a Hearing Officer of the Trade Marks Hearings.

The primary legal issue before the Hearing Officer was the date from which the transmission of the trade mark registrations to Mr Keogh should be recorded in the Register. This involved the interpretation and application of section 110(2) of the relevant legislation, which governs the effect of recording particulars of a transmission in the Register.

The Hearing Officer found that the Transmission Application, as amended to reflect the discharge of Mr Dowker as executor, was made in accordance with the Act and Regulations. Applying section 110(2), the Hearing Officer determined that the particulars of the transmission were to be taken as entered in the Register on the day the application was filed, which was 21 February 2008. Consequently, the registration of Mr Keogh as the owner of the trade marks was deemed to have had effect from and including that date.

The Hearing Officer directed that particulars of the transmission of registrations 940275 and 940276 to Mr Keogh be entered in the register with effect from 21 February 2008. Furthermore, James Michael Keogh, as executor of the estate of Peter Geoffrey Brock (deceased), was to be recorded as the registered owner of these two registrations with effect from and including that day.