Trade mark decision

BL Number

O/004/08

Decision date

9 January 2008

Hearing officer

Mr A James

Mark

KIM

Classes

25

Applicant for Revocation

Lonsdale Sports Limited

Registered Proprietor

Topward Limited trading as Kim Fashions

Revocation

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

Result

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

Points Of Interest

• See also supplementary decision dated 15 April 2008 (BL O/111/08) relating to the award of costs associated with the attendance of witnesses for cross examination.

Summary

The applicant applied for revocation in respect of three five year periods covering the period 22 January 1994 to 3 October 2005.

The proprietor filed evidence in support of its registration and claimed to have used its mark KIM since 1976. Turnover figures for the years 1998 to 2005 ranged from £4m - £12m. This evidence indicated that only sample goods incorporated the mark KIM as the goods supplied to such retailers as Littlewoods and Asda carried own brand labels. Invoices however, carried the KIM mark.

The registered proprietor’s evidence was not particularly well focused but it was not formally challenged by the applicant even though there was cross-examination of some of the proprietor’s declarants.

The Hearing Officer accepted that there had been use of the mark in suit in relation to a range of clothing items. He also decided that use as a wholesale mark was genuine use of the mark KIM even though it did not reach the general public. Revocation refused.

The Hearing Officer also refused a request to restrict the specification to “the sale of wholesale goods” as he considered that Section 46(5) did not allow such a restriction. A request to restrict the range of clothing was also refused.

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