Trade mark decision

BL Number

O/033/07

Decision date

30 January 2007

Hearing Officer

Mr D Landau

Mark

MICROGAS

Classes

10

Registered Proprietor

Micro Medical Limited

Applicants for Revocation

Linde Medical Sensors AG

Application for Revocation

Section 46(1)(b)

Result

Application for revocation, Section 46(1)(b): Dismissed.

Points Of Interest

• 1. Internal use.
• 2. Specification; use; there is nothing to suggest that gas sensing apparatus for medical purposes is subject to sub-categorisation. To describe the goods by the nature of the gas that they have been used to monitor would be pernickety.

Summary

The mark was registered in respect of “gas sensing apparatus for medical purposes; apparatus for use in hospitals and nursing homes for measuring the concentration of a gas; all including in class 10”.

After a careful study of the evidence and relevant case law the Hearing Officer concluded that there had been genuine use on a scale sufficient to preserve the registration and the full scope of the specification. The application for revocation was dismissed.

Full decision O/033/07 85Kb