Trade mark decision

BL Number
Decision date
20 April 2007
Hearing Officer
Mr G Salthouse
Cartoon devices in the shape of gas cylinders (series of 2 marks)
Applicant for Revocation
Calor Gas Northern Ireland Ltd
Registered Proprietor
Flo-Gas Limited
Section 46(1)(b)


Section 46(1)(b): Revocation successful.

Points Of Interest

  • None


The applicant for revocation applied on 18 January 2006 and claimed that there had been no use of the marks in suit in the five year period ending on 23 March 2005 and also the five year period ending on 18 January 2006.

The registered proprietor filed leaflets and advertising literature and claimed these had been issued in relation to its products and dating back to 2003. The leaflets were all undated. The applicant filed the results of investigations which it claimed, showed that there had been no use of the marks in suit.

The Hearing Officer considered the registered proprietor’s evidence. He decided that the cartoon characters as used on the advertising and other leaflets were not the same as the marks as registered. Thus in his view there was no use of the marks as registered. In any event even if the marks in the leaflets were acceptable, all the material was undated and there was no supporting documentation to prove that there had been genuine use of the marks in suit. Revocation thus successful and granted with effect from 23 March 2005.

Full decision O/110/07 PDF document570Kb