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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GERBER (Trade Mark: Rectification) [1999] UKIntelP o39999 (12 November 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o39999.html
Cite as: [1999] UKIntelP o39999

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GERBER (Trade Mark: Rectification) [1999] UKIntelP o39999 (12 November 1999)

For the whole decision click here: o39999

Trade mark decision

BL Number
O/399/99
Decision date
12 November 1999
Hearing officer
Mr M Reynolds
Mark
GERBER
Classes
29, 30, 32
Registered Proprietor
Gerberkase AG & Gerber Products Company
Applicants for Rectification
Gerber Foods International Ltd
Consolidated application for Rectification: Trade Marks Act 1938, Section: 26 & 32

Result

Section 26: Application for rectification successful

Section 32: No formal finding

Points Of Interest

Summary

The applicants alleged non-use of the mark and deceptiveness. The Hearing Officer found, by reason of their own attempts to register the mark, that the applicants were “persons aggrieved”. He went on to examine the evidence relating to non-use of the mark. This, he decided, amounted to a prima facie case in support of the application. As the registered proprietor had not responded, that effectively decided the matter in favour of the applicants. He made no finding under Section 32.


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o39999.html