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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PLANTEX (Trade Mark: Revocation) [2000] UKIntelP o44600 (29 November 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o44600.html Cite as: [2000] UKIntelP o44600 |
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For the whole decision click here: o44600
Result
Section 46(1)(a) - Revocation successful
Section 46(1)(b) - Revocation successful
Points Of Interest
Summary
The registered proprietor’s evidence established that their mark had been used in the UK in respect of "Protein savoury food ingredients, based on yeast extracts, giving specific flavours". Such goods are used in dry soups, sauces, canned soups, seasoning and cooked meals. The above registrations covered "soups, soup preparations, salad dressings, sauces, aromatic preparations farinaceous products and vermicelli". While the Hearing Officer accepted that there had been use of the mark in the UK during the relevant period, he concluded the goods on which the mark had been used were not included within the specifications of the registered mark and decided that the registration should be revoked in its entirety. In so deciding he concluded that "a flavouring" was different from an "aromatic product".