Trade mark decision

BL Number

O/379/04

Decision date

30 December 2004

Hearing officer

Mr M Reynolds

Mark

ELLE

Classes

24

Registered Proprietor

Hachette Filipacchi Presse

Applicants for revocation

Saprotex International (Proprietary) Limited

Application for Revocation

Section 46(1)(b)

Result

Application for revocation largely successful: registration reduced to 'beach towels'.

Points Of Interest

• 1. Use; genuine use; internal use; preparations for use.

Summary

This was one of five revocation actions launched on the same day and involving the same parties. The decisions in relation to the others are set out in BL O/380/04 and BL O/381/04.

The registrations in this case covered: "Bedcovers, tablecovers, household linen (other than clothing), bed blankets and beach towels." After a detailed examination of the evidence the Hearing Officer was not satisfied that the proprietor had shown use of the mark in relation to any of the goods, other than beach towels. Nor did the evidence demonstrate that preparations for use were under way by the end of the relevant period. Per 'Premier Brands UK Ltd v Typhon Europe Ltd’ the tribunal had no residual discretion to preserve the registration. Accordingly, the registration was revoked in respect of all the goods for which it was registered, save ‘beach towels'.

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