Trade mark decision

BL Number
Decision date
30 January 2007
Hearing Officer
Mr D Landau
Registered Proprietor
Micro Medical Limited
Applicants for Revocation
Linde Medical Sensors AG
Application for Revocation
Section 46(1)(b)


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.


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 PDF document85Kb