Trade mark decision

BL Number
O/102/08
Decision date
9 April 2008
Hearing Officer
Mr G Salthouse
Mark
ENTECON ENTECON BAGFLOW ENTECON BIN FLOW ENTECON EASISHIFT
Classes
07
Applicant for Revocation
Entecon UK Limited
Registered Proprietor
Stramproy Development & Licensing BV
Revocation
Section 46(1)(a) & (b)

Result

Section 46(1)(a) & (b): Revocation failed.

Points Of Interest

  • None

Summary

The registered proprietor filed evidence to show that the firm of Entecon Limited was owned by a predecessor in business until the end of 2003. The proprietor filed sufficient-evidence from that period to convince the Hearing Officer that there had been genuine use of the marks ENTECON, ENTECON BAGFLOW and ENTECON EASISHIFT up to that date. The registered proprietor also stated that much of the evidence of use of the marks in suit is held by Entecon UK Limited, the applicant for revocation. The applicant has not challenged the proprietor’s evidence.

During 2003 the marks in suit were assigned to the registered proprietor’s predecessor by Entecon Limited. In 2004 Entecon Limited went into administration and was sold to Entecon UK Limited. However, the marks in suit remained in the ownership of the registered proprietor’s predecessor.

As noted above the registered proprietor filed sufficient evidence to protect the registrations of ENTECON, ENTECON BACFLOW and ENTECON EASISHIFT and the revocation action was dismissed in respect of these marks. In relation to ENTECON BINFLOW the Hearing Officer considered that the BINFLOW element was descriptive and non-distinctive and that the proved user of the distinctive element ENTECON also protected this registration. Revocation therefore failed in respect of all four registrations.

Full decision O/102/08 PDF document40Kb