Trade mark decision

BL Number

O/107/06

Decision date

13 April 2006

Hearing Officer

Mr M Reynolds

Mark

FOREVER YOUNG

Classes

05, 32

Registered Proprietor

Natures Choice Limited

Applicants for Revocation

T.T.I. Participations SA

Application for Revocation

Sections 46(1)(a) & 46(1)(b)

Result

Application for revocation partially successful.

Points Of Interest

• Classification; multipurpose items.

Summary

The Hearing Officer accepted that the use shown in the evidence was genuine use. The issues for determination were the nature of the goods in respect of which the mark had been used and how those goods should fairly be described. The mark was registered in Class 5 for “Dietary and dietary food preparations and supplements; all containing extracts from the aloe vera plant” and in Class 32 in respect of “Mineral and aerate waters and other non-alcoholic drinks; syrups and other preparations for making beverages; all containing extracts from the aloe vera plant.

In the result, the Hearing Officer decided that the specification should be reduced to “juices all containing extracts from the aloe vera plant” (Class 32). The Class 5 specification was revoked.

The award of costs to the applicants was reduced to reflect their partial success and the time lost due to their inactivity in dealing with a settlement proposal.

Full decision O/107/06 287Kb