Trade mark decision

BL Number

O/230/98

Decision date

17 November 1998

Hearing officer

Mr S J Probert

Mark

CLUB & CLUB SODA

Classes

32, 44

Applicant

Soda-Club (Holdings) NV

Opponent

Cantrell & Cochrane (Belfast) Ltd

Opposition

Section 46(1)

Result

Section 46(1) - Revocation partially successful

Points Of Interest

• 1. At the hearing the applicants sought leave to amend the pleadings to allege non-use back to 1985. The Hearing Officer refused this request since the result would have been to initiate a fresh set of proceedings.

Summary

It was common ground between the parties that there had been use of the mark CLUB within the United Kingdom during the relevant 5 years period 21August1990 - 21 August 1995. With regard to the six marks at issue in these proceedings the Hearing Officer considered each in turn to assess whether or not there had been use of the particular mark in the form in which it was registered and whether or not there had been use in relation to all or any of the goods within the respective specifications. As a result of these considerations the Hearing Officer revoked three registrations in their entirety and reduced the specifications of the other three.

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