Trade mark decision

BL Number
O/381/04
Decision date
30 December 2004
Hearing officer
Mr M Reynolds
Mark
ELLE
Classes
09, 18, 25
Registered Proprietor
Hachette Filipacchi Presse
Applicants for revocation
Saprotex International (Proprietary) Limited
Application for Revocation
Section 46(1)(b)

Result

Two applications for revocation dismissed; application, partially successful in respect of third registration.

Points Of Interest

Summary

This was a decision in respect of three of five revocation actions launched on the same day and involving the same parties. The decisions in the other two cases are set out in BL O/379/04 and BL O/380/04.

The evidence of use filed by the proprietor showed use in relation to a range of clothing items. Although the applicant did not formally withdraw their applications in respect of the affected registrations, the skeleton arguments and submissions at the hearing effectively conceded the position. The Hearing Officer formally recorded that two of the three applications were dismissed.

The evidence in respect of the third registration did not establish use in relation to slippers and headgear and it was revoked in respect of those items.

Again, the Hearing Officer found that in the matter of discretion he was bound by the decision of the judge in ‘Premier Brands UK Ltd v Typhoon Europe Ltd’ q.v.

Full decision O/381/04 PDF document37Kb