Trade mark decision

BL Number

O/124/02

Decision date

19 March 2002

Hearing officer

Mr S P Rowan

Mark

FORMULA ONE

Classes

03

Registered Proprietor

Michael Lefort trading as M L Associates

Applicant for Revocation

Formula One Licensing BV

Revocation

Section 46(1)(a)

Result

Section 46(1)(a) - Revocation successful.

Points Of Interest

• 1. At the Hearing the registered proprietor stated that his mark had been used on a range of goods within Class 3. However, the Hearing Officer made clear that he could only take into account goods referred to in the evidence filed by the registered proprietor.

Summary

The registered proprietor filed two witness statements in which he claimed there had been use of the mark FORMULA 1 by an associated company Pizaz Toiletries Limited of whom he is Managing Director, and he filed a few invoices relating to sales which took place in 1996 - which was during the relevant five year period.

The Hearing Officer examined carefully the registered proprietor’s claimed use and noted that there was no use whatsoever of mark No 2 above and, as no reason for non-use had been provided, it followed that the applicant was successful in its application to revoke this mark.

As regards mark No 1 above, such use as was shown was in the form, for example, PIZAZ FORMULA 1 BODY SPRAY BROOKLANDS and there was in fact no use whatsoever of the mark FORMULA ONE. Use of the term FORMULA 1 with other trade marks was not sufficient to defend the registration since the other matter altered the distinctive character of the mark FORMULA ONE. This mark was also revoked.

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