IPO Application for revocation largely successful: registration reduced to ‘beach towels’.
This was one of five revocation actions launched on the same day and involving the same parties. The decisions in relation to the others are set out in BL O/380/04 and BL O/381/04.
The registrations in this case covered: ‘Bedcovers, tablecovers, household linen (other than clothing), bed blankets and beach towels.’ After a detailed examination of the evidence the Hearing Officer was not satisfied that the proprietor had shown use of the mark in relation to any of the goods, other than beach towels. Nor did the evidence demonstrate that preparations for use were under way by the end of the relevant period. Per ‘Premier Brands UK Ltd v Typhon Europe Ltd’ the tribunal had no residual discretion to preserve the registration. Accordingly, the registration was revoked in respect of all the goods for which it was registered, save ‘beach towels’.
Judges:
Mr M Reynolds
Citations:
O/379/04, [2004] UKIntelP o37904
Links:
Citing:
See Also – Elle (Trade Mark: Revocation) O/381/04 IPO 30-Dec-2004
IPO Two applications for revocation dismissed; application, partially successful in respect of third registration.
This was a decision in respect of three of five revocation actions launched on the same day . .
See Also – Elle (Trade Mark: Revocation) O/380/04 IPO 30-Dec-2004
IPO Application for revocation successful.
This was one of five revocation actions launched on the same day and involving the same parties. The decisions in relation to the others are set out in BL O/379/04 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 17 October 2022; Ref: scu.456156