Trade mark decision

BL Number

O/030/06

Decision date

26 January 2006

Hearing Officer

Mr D Landau

Mark

NIRVANA

Classes

03, 05

Registered Proprietor

Gail Boura & Clive Boura

Applicant for Revocation

Nirvana Spa & Leisure Ltd

Opposition

Section 46(1)

Result

Section 46: - Class 3 specifications restricted. Class 5 revoked.

Points Of Interest

• The applicant appealed to the Appointed Person. In his decision dated 18 September 2006 (BL O/262/06) the Appointed Persons upheld the Hearing Officer's decision and dismissed the appeal.

Summary

These proceedings and this decision relate to three registrations; two in Class 3 covering a range of cosmetic and toilet preparations and articles and one in Class 5 covering deodorants and medicated preparations for the treatment of the skin and mouth. The three registrations were assigned to the present owners Gail Boura and Clive Boura of Nirvana Natural in March 1998. The application for revocation was filed on 3 February 2004.

The registered proprietor filed extensive evidence of use in relation to a range of hair care preparations, moisturisers and skin preparations with a claim that some of the products were multi-purpose eg a camomile conditioner could be used as a shaving cream and as an after sun lotion. The evidence, which was in some instances poorly focused, indicated that the use claimed was in the form NIRVANA NATURAL and by a company Nirvana Natural Limited.

The Hearing Officer accepted that there had been use of the mark NIRVANA NATURAL and in relation to the goods at issue NATURAL would be seen as purely descriptive. Thus there was use of the mark as registered. A second matter the Hearing Officer had to consider was use by the company Nirvana Natural Ltd whereas the marks at issue were owned by individuals. As Gail and Clive Boura had at all times been majority shareholders and directors of Nirvana Natural Ltd the Hearing Officer accepted that any use which had occurred had been with the consent of Gail and Clive Boura.

Because of the multi-purpose nature of the goods at issue the Hearing Officer had some difficulty in deciding on acceptable specifications for the Class 3 registrations. He decided on the following:

“Hair care preparations; moisturisers, shower and bath preparations, shaving lotions, make-up removers.”

The Class 5 registration was revoked in its entirety

Full decision O/030/06 98Kb