Trade mark decision

BL Number

O/095/07

Decision date

2 April 2007

Hearing Officer

Dr L Cullen

Mark

BACTIGUARD

Classes

01, 05, 10

Registered Proprietor

Trade Mark Ad Tech Holdings Limited

Applicants for Revocation

Fenchurch Environmental Group Limited

Application for Revocation

Section 46(1)(a)

Result

Application for revocation, Section 46(1)(a): Successful.

Points Of Interest

• 1. Pre-existing agreement; could not prevent revocation action because “the restraint sought would extend beyond any legitimate interest of the registered proprietor at the time that the delimitation agreement was entered into”.
• 2. See also BL O/300/04 and BL O/236/05.

Summary

As a result of previous decisions in the Registry (see BL O/300/04) and by the Appointed Person (see BL O/236/05). This matter had been remitted to the Registry for a decision on the substantive matters. The Hearing Officer had to decide on two issues (i) should a pre-existing agreement between the parties prevent this revocation action from proceeding and (ii) should the revocation action succeed on the basis of the evidence provided? The Hearing Officer decided, on the first point, that a restraint of the revocation action “would extend beyond any legitimate interest of the registered proprietor at the time that the delimitation agreement was entered into ……” On the second point the Hearing Officer concluded from the evidence that the registered proprietor had not been able to show genuine use of the mark during the relevant period.

Full decision O/095/07 184Kb