Trade mark decision

BL Number: O/033/99
Decision date: 29 January 1999
Hearing Officer: Mr M Reynolds
Mark: ECOBUILD
Classes: 19
Registered Proprietor: Rhodipor Ecobuild Limited
Applicants for Revocation: IJM Timber Engineering Limited
Application for Revocation: Sections 46(1)(a); 46(1)(b)

Result

Section 46(1): - Application for revocation failed.

Points Of Interest

1. Genuine use of mark as registered.

Summary

The use of the mark had been in conjunction with another mark RHODIPOR. The applicants contended:- This was not use as a trade mark but rather as a company name, and it was not use of the registered mark. The Hearing Officer resolved both these questions in favour of the registered proprietors.

Full decision O/033/99 51Kb