Shan Patterson v Harold Van Haltren

This decision concerns a trade mark removal application brought by Shan Patterson (the Removal Applicant) against Harold Van Haltren (the Removal Opponent) in relation to trade mark registration number 2114375. The application was heard by Louise Tuohy, a Hearing Officer in the Oppositions and Hearings section of Trade Marks and Designs.

The primary legal issue before the Hearing Officer was whether the grounds for removal under section 92(4)(a) of the relevant legislation had been established. This section pertains to the non-use of a registered trade mark.

The Hearing Officer found that the grounds for removal under section 92(4)(a) had been established in relation to the registered goods and services. Consequently, the Removal Applicant was successful in its application. The Hearing Officer directed that trade mark registration 2114375 be removed from the Register for all of the registered goods and services. The Hearing Officer also ordered that costs follow the event, awarding costs against the Removal Opponent under section 221 in accordance with Schedule 8 of the Regulations. The Hearing Officer further directed that if a notice of appeal was served within the relevant timeframe, the disposition of the removal application should be in accordance with any subsequent court order or direction.