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Trade mark decision

BL Number
O/335/04
Decision date
8 November 2004
Hearing officer
Mr M Foley
Mark
THOMY
Classes
29, 30
Registered Proprietor
Société des Produits Nestlé SA
Applicants for Revocation
Apple Pan Limited
Revocation
Section 46(1)(b)

Result

Application for revocation largely successful.

Points Of Interest

  • 1. Limitation of specification; the Hearing Officer was "not convinced that there is a species of goods that is provided to those in the food service trade"

Summary

The evidence established use only in respect of ketchup and mustard. There was no challenge to the genuinesses of this use. The Hearing Officer had to consider whether this was use in respect of a "commercial subset of goods" ie 'condiments' or whether the specifications should be reduced to "mustard; sauces being condiments" and whether this latter specification should be further qualified by the addition of “all for sale to providers of food services”.

In the result the Hearing Officer ruled that the registration should be cancelled in respect of Class 29, and its Class 30 specification should be reduced to "mustard; sauces being condiments".

The Hearing Officer was not convinced that there was a species of goods provided to those in the food trade, and the further limitation in the terms requested would create a specification of uncertain scope.

Full decision O/335/04 PDF document32Kb