LELLIKELLY - 159959

• Administrative Decision Number: 159959
• Date: 21 March 2005
• opponent: STEFCOM S.P.A.
• Section: Trade Marks Act, 1996 - 2003-2007

1

TRADE MARKS ACT, 1996

Decision in Hearing

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

No. 159959 and in the matter of the Registered Proprietor’s opposition thereto.

TRAVEL HURRY PROJECTS LIMITED,

of 10 Station Road, Earl Shilton,

Leicestershire LE9 7GA, United Kingdom

- Applicant for Revocation

STEFCOM S.P.A.,

of Via Bocchi 233/235, 55013 Lammari,

Lucca, Italy - Registered Proprietor

The registered trade mark

1. Stefcom S.P.A., a joint stock company organised and existing under the laws of Italy,

of Via Bocchi 233/235, 55013 Lammari, Lucca, Italy, is the registered proprietor of

the trade mark LELLIKELLY, which is registered under No. 159959 in Class 25 in

respect of clothing, including boots, shoes and slippers. The application for

registration of the mark was filed on 11 March, 1994 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. 1768 on 6 September, 1995.

Application for revocation

2. On 31 May, 2002, Travel Hurry Projects Limited, of 10 Station Road, Earl Shilton,

Leicestershire LE9 7GA, 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 8 October, 2002, the Proprietor filed a Notice of Opposition to the application

together with evidence of the use that had been made of the mark. On 14 April, 2003,