Trade mark decision

BL Number
O/058/08
Decision date
27 February 2008
Hearing Officer
Mrs J Pike
Mark
BULLIT
Classes
32
Applicant for Revocation
Sea, Air & Land Forwarding Limited
Registered Proprietor
Red Bull GmbH
Revocation
Section 46(1)(a) & (b)

Result

Section 46(1)(a) & (b): Revocation partially successful.

Points Of Interest

  • None

Summary

The mark in suit has had a number of owners over the years and the relied upon use in these proceedings occurred when the mark was in the ownership of the current proprietor’s predecessors. There has been no use of the mark by the current proprietor since it acquired the mark in 2005.

The applicant for revocation applied under Section 46(1)(a) and (b) in respect of two periods 9 August 1997 to 8 august 2002 and 18 October 2001 to 17 October 2006. The use provided by the registered proprietor covered the period June 2001 to September 2004 was sporadic in nature and modest in scale and consisted of some four transactions in relation to what are termed energy drinks. The applicant disputed the nature of the proprietor’s user and claimed that the sale of goods to wholesalers or the public was not well proven. However, the Hearing Officer accepted that use of the mark in suit was genuine in relation to energy drinks and she restricted the specification accordingly with effect from 9 August 2002. Registration revoked in respect of all other goods from that date.

Full decision O/058/08 PDF document57Kb