Trade mark decision

BL Number
Decision date
19 February 2008
Hearing Officer
Mr O Morris
WEST COAST & device
12, 18, 25
Registered Proprietor
Fine White Line Limited
Applicants for Revocation
Vanilla Gorilla LP
Application for Revocation
Sections 46(1)(a) & 46(1)(b)


Application for revocation, successful for the most part.

Points Of Interest

  • Section 46(2) : use of mark in formats other than as registered.


Having reviewed the evidence of use in respect of the Class 12 goods the Hearing Officer concluded that it only gave information about the origin of the business that was retailing the motorcycles. The application therefore succeeded in respect of the whole of the Section 12 specification. The mark had been used (in various formats; which, however, the Hearing Officer accepted under Section 46(2)) in respect of “Casual outer clothing, hats, caps and belts; all for the leisure wear” in Class 25.

Full decision O/047/08 PDF document153Kb