Trade mark decision

BL Number

O/095/08

Decision date

2 April 2008

Hearing officer

Mr G Salthouse

Mark

ORIENT EXPRESS

Classes

29, 30, 31, 32, 33, 34

Registered Proprietor

Societe National Des Chemins De Fer SNCF

Applicants for Revocation

Oriental Express Frozen Foods Limited

Application for Revocation

Sections 46(1)(a) & 46(1)(b)

Result

Application for revocation, Section 46, substantially successful.

Points Of Interest

• 1. Relevant date in respect of a number of registrations later merged into one.
• 2. Use of mark as registered.
• 3. Use of mark in respect of items bearing other marks but grouped together and offered for sale under the registered mark.

Summary

The evidence filed by the proprietor showed limited, though ‘genuine’ use on some, only, of the items in respect of which the mark was registered. Some items, though bearing the marks of other manufacturers, were offered for sale and sold as ‘hampers’ under the mark in suit. The Hearing Officer considered that this was use of the mark in respect of those items. The specifications were reduced so as to exclude all the items on which use could not be shown.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o09508.html