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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> NEW COVENT GARDEN SOUP CO. (Trade Mark: Revocation) [2005] UKIntelP o31205 (24 November 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o31205.html Cite as: [2005] UKIntelP o31205 |
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For the whole decision click here: o31205
Result
Section 46(1)(a) & (b): - Application for revocation failed.
Points Of Interest
Summary
The applicant for revocation claimed that there had been no relevant use of the mark in suit during the five year period prior to the filing of the application.
The registered proprietor filed extensive evidence of use, some of which showed use of the mark in suit with other marks and also in a roundel shape with a device of a bowl of soup. As the whole mark in suit was included in this latter representation, the Hearing Officer concluded that it was acceptable use of the mark in suit. He also decided that use with other trade marks was also acceptable use. The application for revocation thus failed.
