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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 >> BETA (Trade Mark: Revocation) [2008] UKIntelP o07208 (13 March 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o07208.html Cite as: [2008] UKIntelP o07208, [2008] UKIntelP o7208 |
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For the whole decision click here: o07208
Result
Section 46(1): Application for revocation refused.
Points Of Interest
Summary
The registered proprietor had sold central heating boilers from 1987 onwards for a number of years under the mark in suit. However, sales had ceased some years before the application for revocation was filed in respect of two five year period from 6 January 1997 to 4 January 2009.
The registered proprietor, however, filed evidence of use of its mark in respect of spare parts which it continued to provide for the BETA range of boilers. While the use shown by the proprietor was modest, amounting to some 100’s of pounds the Hearing Officer accepted that the user was genuine and that it was sufficient to extend the residual reputation of the mark in suit through the five year periods identified by the applicant for revocation. Application for revocation refused.
