Trade mark decision

BL Number: O/034/99
Decision date: 2 February 1999
Hearing Officer: Mr S J Probert
Mark: MONTANA
Classes: 02
Registered Proprietor: Farbo SA
Applicant for Revocation: Brico World International Marketing Consultants
Application for Revocation: Section 46(1)(b)

Result

Application of revocation partially successful

Points Of Interest

1. Locus
2. Substantiality of use

Summary

The proprietor’s claim to have used the mark, (which was registered in respect of paints, amongst other things) within the relevant period depended on retail sales which might have taken place following a single, small shipment which had taken place outside the relevant period. The Hearing Officer eventually concluded that the use claimed was just sufficient to preserve the registration in respect of 'paints' but he revoked it in respect of the remainder of the specification.

Full decision O/034/99 33Kb