Trade mark decision

BL Number

O/484/01

Decision date

2 November 2001

Hearing officer

Mr M Knight

Mark

FOURNEAUX DE FRANCE

Classes

07, 08, 11, 20, 21, 25

Applicant for Invalidity

The Range Cooker Plc

Registered Proprietor

Fourneaux De France Limited

Invalidity

Sections 47(1) & (5) based on Sections 1(1), 3(1)(a), 3(1)(c) & 3(3)(b)

Result

Sections 1(1) - Invalidation failed

Sections 3(1)(a) - Invalidation failed

Sections 3(1)(c) - Invalidation partially successful

Sections 3(3)(b) - Invalidation partially successful

Points Of Interest

• The applicants appealed this decision to the Appointed Person. In his decision dated 2 May 2002 (BL O/240/02) the Appointed Person allowed the appeal and deleted cooker hoods and extractors from the Class 11 registration.

Summary

The applicants essential ground was under Sections 3(1)(c) and 3(3)(b) on the grounds that the registered mark consisted of words meaning "ovens from France" and were descriptive in relation to such goods which were included within their Class 11 registration. Deception would arise if the goods in question were not sourced from France. The Hearing Officer accepted the applicants claims as fact, having consulted the relevant dictionaries, and upheld their ground for invalidity in respect of such goods. As a result the following goods were removed from the Class 11 registration; "Electric apparatus for cooking foods; ovens, rotisseries, spit roasters, electric grills; cookers".

The grounds under Sections 1(1) and 3(1)(a) were dismissed as not being supported by the applicants in their evidence.

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