Trade mark decision

BL Number

O/101/04

Decision date

14 April 2004

Hearing officer

Mr M Reynolds

Mark

SPRING

Classes

11

Registered Proprietor

Jacuzzi UK Group Plc

Applicants for Revocation

Watkins Manufacturing Corporation

Revocation

Section 46(1)(b)

Result

Application for revocation, Section 46(1)(b) - Successful.

Points Of Interest

• 1. Use of a mark as registered
• 2. Genuine use.

Summary

The applicants alleged that there had been no use and no proper reasons for non-use for an uninterrupted period of five years.

The first questions addressed by the Hearing Officer were i) whether the use in various formats, shown by the proprietor was use of the mark as registered and ii) whether the differences in use altered the distinctive character of the mark in the form as registered.

After detailed consideration he found that the combined effect of the differences did indeed alter the distinctive character of the mark as registered and this decided the matter in favour of the applicants for revocation.

However, he went on to consider if the use shown was genuine use during the relevant period. In this too he found that the proprietors’ evidence did not satisfy on this point.

The application for revocation succeeded accordingly.

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