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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> VISITOR (Trade Mark: Revocation) [2002] UKIntelP o52702 (23 December 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o52702.html
Cite as: [2002] UKIntelP o52702

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VISITOR (Trade Mark: Revocation) [2002] UKIntelP o52702 (23 December 2002)

For the whole decision click here: o52702

Trade mark decision

BL Number
O/527/02
Decision date
23 December 2002
Hearing officer
Mr G Salthouse
Mark
VISITOR
Classes
09
Registered Proprietor
Vectorview Limited
Applicants for Revocation
Starcase (UK) limited
Application for Revocation
Section 46(1)(c)

Result

Application for revocation, Section 46(1)(c) - Failed

Points Of Interest

Summary

The applicants alleged that "in consequence of acts or inactivity of the proprietor, (the mark) had become the common name in the trade for the products for which it is registered". The items in respect of which the mark was used were plug adaptors for use when in other countries. These were commonly referred to as 'Visitor' plugs, it was said. The Hearing Officer found that the evidence was ambiguous and left him in some doubt. Given that the onus under Section 72 was on the applicants to show that the mark had become the common name for a type of plug adaptor, and they had failed to do so, the application for revocation failed.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o52702.html