Trade mark decision

BL Number

O/044/08

Decision date

18 February 2008

Hearing Officer

Mr M Reynolds

Mark

MATE

Classes

16

Applicant for Revocation

Pramic Limited

Registered Proprietor

F Bender Ltd

Revocation

Section 46(1)(a) & (b)

Result

Section 46(1)(a): Revocation partially allowed.

Points Of Interest

• None

Summary

The registered proprietor filed sufficient evidence to convince the Hearing Officer that there had been genuine use of the mark in suit in relation to “table napkins”.

The mark in suit is registered for a range of napkins, place mats, towels, catering rolls, toilet rolls etc all make of paper and the Hearing officer gave careful consideration of as to the wording of a fair specification in the light of his finding of genuine use in relation to table napkins. In conclusion he decided to restrict the specification to the following goods:-

“Table napkins, serviettes, all made wholly or principally of papers, all included in Class 16 and being for sale to the vending machine, food, catering and hotel trades.”

Revocation ordered in respect of all other goods under Section 46(5) and under Section 46(1)(a) with effect from 18 September 2004.

Full decision O/044/08 49Kb