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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MONTANA (Trade Mark: Revocation) [1999] UKIntelP o03499 (2 February 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o03499.html
Cite as: [1999] UKIntelP o03499, [1999] UKIntelP o3499

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MONTANA (Trade Mark: Revocation) [1999] UKIntelP o03499 (2 February 1999)

For the whole decision click here: o03499

Trade mark decision

BL Number
O/034/99
Decision date
2 February 1999
Hearing officer
Mr S J Probert
Mark
MONTANA
Classes
02
Registered Proprietor
Farbo SA
Applicant for Revocation
Brico World International Marketing Consultants
Application for Revocation
Section 46(1)(b)

Result

Application of revocation partially successful

Application of revocation partially successful

Points Of Interest

Summary

The proprietor’s claim to have used the mark, (which was registered in respect of paints, amongst other things) within the relevant period depended on retail sales which might have taken place following a single, small shipment which had taken place outside the relevant period. The Hearing Officer eventually concluded that the use claimed was just sufficient to preserve the registration in respect of 'paints' but he revoked it in respect of the remainder of the specification.


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o03499.html