Trade mark decision

BL Number

O/034/98

Decision date

2 March 1998

Hearing officer

Mr A James

Mark

GRANSIL

Classes

01

Applicant for Revocation

Oro-Produkte-Marketing GmbH

Registered Proprietor

Brunner Mond & Company Limited

Revocation

Sections 46(a) & (b) & 46(5)

Result

Sections 46(1)(a) & (b) - Revocation partially successful.

Section 46(5) - Specification restricted.

Points Of Interest

• 1. Confidential Order : The registered proprietor had requested, and been granted a Confidential Order in respect of some of his evidence. Details of this evidence was excluded from copies of the Hearing Officer's decision which were made available to the public.

Summary

The applicants for revocation sought removal of the registered mark from the Register or in the alternative restriction of the specification of the registered mark so that their own mark GLANCIL could proceed to registration in Classes 1 and 3.

The registered proprietors filed evidence of use of their mark in respect of a limited range of goods. While the applicants accepted that such use might have taken place, they disputed that it could be considered as use within the UK.

The Hearing Officer accepted that the registered proprietors had used their mark in the UK in respect of some goods and he granted the applicants the relief they sought by restricting the specification of the registered mark to the goods in respect of which use had been shown. (Section 46(5)).

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