HIGH AND MIGHTY - 149294

• Administrative Decision Number: 149294
• Date: 07 March 2006
• Section: Trade Marks Act, 1996 - 2003-2007
• opponent: ARNOTTS LIMITED

1

TRADE MARKS ACT, 1996

Decision in Hearing

IN THE MATTER OF an application for revocation of the registration of Trade Mark

No. 149294 and in the matter of the Registered Proprietor’s opposition thereto.

HIGH & MIGHTY LIMITED Applicant for Revocation

ARNOTTS LIMITED Registered Proprietor

The registered trade mark

1. Arnotts Limited of 12 Henry Street, Dublin 1 is the registered proprietor of the trade

mark HIGH AND MIGHTY, which is registered under No. 149294 in Class 25 in

respect of articles of clothing, headgear and footwear. The application for

registration of the mark was filed on 19 May, 1992 under the Trade Marks Act, 1963

and, by virtue of Section 27 (1) of that Act, the mark is registered as of that date,

which is deemed to be the date of registration. Publication of the registration of the

mark appeared in Journal No. 1735 on 1 June, 1994.

Application for revocation

2. On 29 September, 2004, High & Mighty Limited, a British company, of 3 Riverside

House, Mill Lane, Newbury, Berkshire RG14 5QS, United Kingdom, applied under

Section 51 of the Trade Marks Act, 1996 (the Act) for revocation of the registration

of the mark and included with the application a statement of the grounds on which it

was made.

3. On 4 April, 2005, the Proprietor filed a Notice of Opposition to the application for

revocation together with evidence of the use that had been made of the mark.

4. The matter became the subject of a hearing before me, acting for the Controller on 18

January, 2006. The parties were notified on 7 February, 2006 that I had decided to

uphold the application and to revoke the registration of the mark. I now state the

grounds of my decision and the materials used in arriving thereat.