Trade mark decision

BL Number
O/045/01
Decision date
30 January 2001
Hearing Officer
Mr G Salthouse
Mark
QUANTUM
Classes
04
Registered Proprietor
Volkswagen Group (UK) Limited
Applicants for Revocation
Quantum Energy Group Limited
Revocation
Section 46(1)(b)

Result

Section 46(1)(b) - Application for partial revocation successful

Points Of Interest

  • "Under the new law use is necessary on all goods for which a mark is registered. "Lubricants and greases" may be similar to ‘fuels’ but they are clearly not the same goods."

Summary

The registration covered "industrial oils and greases; lubricants; fuels; motor spirit". The applicants sought to have this specification reduced as there had been no use on fuels. The Hearing Officer concluded that whilst there had been some use of the mark on motor oil and gear oil, there was no evidence to show that the mark had been used in respect of fuels: he ordered that the specification be amended accordingly.

Full decision O/045/01 PDF document13Kb