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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BIG BLUE (Trade Mark: Revocation) [2004] UKIntelP o11704 (28 April 2004) URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o11704.html Cite as: [2004] UKIntelP o11704 |
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For the whole decision click here: o11704
Result
Application for revocation successful.
Points Of Interest
Summary
This was one of two closely related actions; the decision in respect of the other is set out in BL O/118/04.
In addition to their allegations of non-use, the applicant claimed that such use as there had been related only to services in Class 35.
The Hearing Officer considered first whether the use shown had been use of the mark as registered. In the result he decided that the omission of the device element, letter B back to back, meant that the mark used was not the registered mark. This decided the matter but he went on to consider the applicant’s allegation that the registered proprietor’s activities fell solely within Class 35.
Having reviewed the evidence, however, the Hearing Officer concluded that such use as there had been was not use in relation to the goods specified. The application therefore succeeded on this ground also.
