Trade mark decision

BL Number

O/342/06

Decision date

5 December 2006

Hearing officer

Mr M Foley

Mark

EXTREME

Classes

18

Applicant for Revocation

Pan World Brands Limited

Registered Proprietor

Tripp Limited

Revocation

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

Result

Section 46(1)(a) & (b): Revocation successful.

Points Of Interest

• The registered proprietor appealed to the Appointed Person. In his decision dated 7 June 2007 (BL O/161/07) the Appointed Person allowed the registration to remain on the Register with a specification for "luggage".

Summary

The registered proprietor claimed use of the mark from 1997 to 2000 in respect of holdalls and other bags including luggage but the evidence was somewhat vague and there was a lack of hard evidence detailing sales and claims as to substantial turnover were qualified with words such as “estimated”. A claim that a new range was in course of developments from 2004 was again not supported with any corroborative evidence.

The Hearing Officer carefully considered the evidence filed and the submissions made at the hearing. In summary he was not convinced that there had been genuine use of the mark in suit during the relevant periods and allowed the application for revocation from the date of the application, being 4 November 2004.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o34206.html