11/12/09
HLBBshaw wins action to revoke UK Trade Mark registration
HLBBshaw has won an action to revoke a UK registration for 'THE CARLYLE' based on the fact that it had not been put to genuine use in the UK since its registration.
The registration covered hotel services and the like and was in the name of The Carlyle LLC, the famous hotel in New York. It was not disputed that the proprietor ran and owned a well-known hotel in New York but the case in issue concerned a UK registration for 'THE CARLYLE.' Therefore, although the proprietor argued that UK residents had stayed at the hotel and can book a room there through UK travel agents so the name would be known in the UK, through attacking the evidence filed by the proprietor, HLBBshaw successfully argued that there had been no use of this trade mark in the UK for hotel services. In other words, the proprietor did not run a hotel called THE CARLYLE in the UK. Consequently, as there had been no use, the registration was successfully revoked from the Register for these services.