Trade mark decision

BL Number

O/321/04

Decision date

22 October 2004

Hearing officer

Mr J MacGillivray

Mark

SWEET FEET

Classes

03

Registered Proprietor

Geneve International Limited

Applicant for revocation

Neil Morton

Revocation

Section 46(1)(b)

Result

Application for revocation: - Successful.

Points Of Interest

• 1. Genuine use; some activity on the part of the proprietor but not enough to amount to genuine use.

Summary

There having been no 'proper reasons for non-use' advanced, the sole issue before the Hearing Officer was whether there had been genuine use of the mark during the relevant five year period. The Hearing Officer was satisfied that there was nothing 'fake or sham' about the proprietor's activities in relation to the mark; indeed the evidence showed that the proprietor had not 'given up' on the product. However, the proprietor's activities did not amount to 'genuine use', given their scale and frequency, he found. The application for revocation succeeded accordingly.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o32104.html