Trade mark decision

BL Number
Decision date
17 March 1999
Hearing Officer
Mr M Foley
Registered Proprietor
Consolidated Cigar Corporation
Applicants for Revocation
Corporation Habanos SA
Application for Revocation
Section 46(1)(b)


Application for revocation successful

Application for revocation successful

Points Of Interest

  • 1. Proper reasons for non use - trade embargo might provide proper reasons, but the particular circumstances had to be assessed.
  • 2. Consideration of mark under Section 46(2).


The registered proprietor conceded that there had been no use of the mark during the relevant period but claimed that there were proper reasons for non-use, and there had been use of a mark falling within the provisions of Section 46(2). The Hearing Officer ruled the mark used did not fall within that Section, and went on to consider the reasons for non-use. These were found in the USA’s trade sanctions against Cuba. The Hearing concluded that whilst these could constitute proper reasons the registered proprietor had not shown any effort to overcome them in the 33 years of their existence.

Full decision O/085/99 PDF document69Kb