BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MINIMAX (Trade Mark: Revocation) [2005] UKIntelP o22305 (3 August 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o22305.html Cite as: [2005] UKIntelP o22305 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o22305
Result
Application for revocation Section 46(1)(b): - Successful.
Points Of Interest
Summary
The marks were registered in respect of fire extinguishers and had a very long history of past use. The main issues to be decided by the Hearing Officer were:- was there use of the marks during the relevant periods; did the preparations for a re-launch of the product after a long period of non-use constitute genuine use; did the re-fill services amount to use of the marks; did the corporate and restructuring changes affecting the Chubb Group constitute proper reasons for non-use?
From the evidence, the Hearing Officer decided the first three of these questions in favour of the applicant for revocation. There was no use shown in respect of the product; there was nothing to show that the ancillary re-fill services were conducted under anything but the Chubb name, and the preparations for use did not appear to have reached the stage where the relevant public would have been aware of them.
As to the disruption arising from the corporate changes, nothing had been shown that could have impinged on the Minimax mark/product itself.
The registrations were therefore revoked.
