Trade mark decision
- BL Number
- O/073/07
- Decision date
- 8 March 2007
- Hearing Officer
- Mr G Salthouse
- Mark
- THE HOME DEPOT
- Classes
- 02, 06, 07, 08, 11, 19, 42
- Registered Proprietor
- Homer TLC Inc
- Applications for Revocation
- Demp BV
- Application for Revocation
- Section 46(1)(b)
Result
Application for revocation, Section 46(1)(b) successful.
Points Of Interest
- Use of trade mark on the internet.
Summary
The registered proprietor claimed to have made efforts to obtain retail outlets n Europe and to have advertised his goods at trade shows and in magazines obtainable in the UK. He also claimed that his goods were available on line.
The Hearing Officer having reviewed the matter however found that the registered proprietor had not shown, ‘on the balance of probabilities’ any use of the marks in the UK. Neither had he shown proper reasons for non-use.
The registrations were revoked accordingly.
Full decision O/073/07 67Kb