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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 >> BULLIT (Trade Mark: Revocation) [2008] UKIntelP o05808 (27 February 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o05808.html Cite as: [2008] UKIntelP o05808, [2008] UKIntelP o5808 |
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For the whole decision click here: o05808
Result
Section 46(1)(a) & (b): Revocation partially successful.
Points Of Interest
Summary
The mark in suit has had a number of owners over the years and the relied upon use in these proceedings occurred when the mark was in the ownership of the current proprietor’s predecessors. There has been no use of the mark by the current proprietor since it acquired the mark in 2005.
The applicant for revocation applied under Section 46(1)(a) and (b) in respect of two periods 9 August 1997 to 8 august 2002 and 18 October 2001 to 17 October 2006. The use provided by the registered proprietor covered the period June 2001 to September 2004 was sporadic in nature and modest in scale and consisted of some four transactions in relation to what are termed energy drinks. The applicant disputed the nature of the proprietor’s user and claimed that the sale of goods to wholesalers or the public was not well proven. However, the Hearing Officer accepted that use of the mark in suit was genuine in relation to energy drinks and she restricted the specification accordingly with effect from 9 August 2002. Registration revoked in respect of all other goods from that date.
