Trade mark decision

BL Number

O/312/05

Decision date

24 November 2005

Hearing officer

Mr A James

Mark

NEW COVENT GARDEN SOUP CO.

Classes

29

Registered Proprietor

New Convent Garden Soup Company Ltd

Applicant for Revocation

Convent Garden Market Authority

Revocation

Section 46(1)(a) & (b)

Result

Section 46(1)(a) & (b): - Application for revocation failed.

Points Of Interest

• 1. The Hearing Officer accepted that it was surprising that the applicant carried on with the proceedings when the registered proprietor filed its evidence. However, he decided that it was not an abuse of process and awarded costs within the normal scale.

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.

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