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Trade mark decision

BL Number
O/054/04
Decision date
27 February 2004
Hearing officer
Mr M Foley
Mark
ICU ORIGINAL HARDWARE
Classes
25
Applicant for Revocation
Primetex
Registered Proprietor
KK Soni International Limited
Revocation
Section 46(1)(b)

Result

Section 46(1)(b): - Request for revocation successful.

Points Of Interest

  • 1. None

Summary

The registered proprietor claimed that there had been use of the mark in suit during the relevant period; also that there had been use of other ICU and ICU logo marks by both the registered proprietor and an associated company.

The Hearing Officer examined carefully the evidence before him but was concerned by the lack of detail and confirmation of use as regards relevant goods; relevant dates and precisely what marks were used during the relevant period. The Hearing Officer concluded that no use of the mark in suit had been filed and as other ICU and ICU logo marks were different from the mark in suit, any such use could not assist the registered proprietor. As the onus was on the proprietor to show use of its mark during the relevant five year period, and had failed to do so, the applicant was deemed successful with its application.

Full decision O/054/04 PDF document863Kb