Trade mark decision

BL Number
O/072/08
Decision date
13 March 2008
Hearing Officer
Mr M Reynolds
Mark
BETA
Classes
11
Applicant for Revocation
Vaillant GmbH
Registered Proprietor
Heating World Limited
Revocation
Section 46(1)

Result

Section 46(1): Application for revocation refused.

Points Of Interest

  • None

Summary

The registered proprietor had sold central heating boilers from 1987 onwards for a number of years under the mark in suit. However, sales had ceased some years before the application for revocation was filed in respect of two five year period from 6 January 1997 to 4 January 2009.

The registered proprietor, however, filed evidence of use of its mark in respect of spare parts which it continued to provide for the BETA range of boilers. While the use shown by the proprietor was modest, amounting to some 100’s of pounds the Hearing Officer accepted that the user was genuine and that it was sufficient to extend the residual reputation of the mark in suit through the five year periods identified by the applicant for revocation. Application for revocation refused.

Full decision O/072/08 PDF document33Kb