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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE HOME DEPOT (Trade Mark: Revocation) [2007] UKIntelP o07307 (8 March 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o07307.html
Cite as: [2007] UKIntelP o7307, [2007] UKIntelP o07307

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THE HOME DEPOT (Trade Mark: Revocation) [2007] UKIntelP o07307 (8 March 2007)

For the whole decision click here: o07307

Trade mark decision

BL Number
O/073/07
Decision date
8 March 2007
Hearing officer
Mr G Salthouse
Mark
THE HOME DEPOT
Classes
02, 06, 07, 08, 11, 19, 42
Registered Proprietor
Homer TLC Inc
Applications for Revocation
Demp BV
Application for Revocation
Section 46(1)(b)

Result

Application for revocation, Section 46(1)(b) successful.

Points Of Interest

Summary

The registered proprietor claimed to have made efforts to obtain retail outlets n Europe and to have advertised his goods at trade shows and in magazines obtainable in the UK. He also claimed that his goods were available on line.

The Hearing Officer having reviewed the matter however found that the registered proprietor had not shown, ‘on the balance of probabilities’ any use of the marks in the UK. Neither had he shown proper reasons for non-use.

The registrations were revoked accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o07307.html