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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PROVUE (Trade Mark: Revocation) [2003] UKIntelP o31103 (16 October 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o31103.html Cite as: [2003] UKIntelP o31103 |
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For the whole decision click here: o31103
Result
Application for revocation successful.
Points Of Interest
Summary
The Hearing Officer noted that the background to the present ownership of the mark was a little complex but he did not believe that this affected the overall position in relation to the proceedings before him.
The evidence of use filed under Rule 31(2) did not show use of the mark as registered but use of a mark PROVUE DB. The Hearing Officer considered that the additional letters DB had a significant visual, aural and conceptual impact. He therefore concluded that the mark had been used in a form which altered the distinctive character of the mark and the application for revocation on the grounds of non-use succeeded accordingly.