Administrative Decision Number149294
Date07 March 2006
opponentIDOM S.A.
SectionTrade Marks Act, 1996 - 2003-2007
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.

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