Trade mark decision

BL Number
Decision date
1 May 1998
Hearing Officer
Mr A James
Registered Proprietor
Eric Roiser
Applicant for Revocation
General Motors Corporation
Section 46(1)


Section 46(1) - Revocation successful

Points Of Interest

  • None.


The registered proprietor’s registration covered sporting articles for use in water sports and in skiing. His initial evidence of use referred only to the supply of two double-bladed and one single-bladed canoe paddles bearing the mark to a firm in Brighton and it was not confirmed in the evidence that such goods had been sold within the relevant period. In later evidence the proprietor claimed the supply of goods to another firm in the UK and to have advertised his goods at the London Boat Show and Birmingham Ski Show but provided no documentation whatsoever to back up such claims.

Having considered the matter of use carefully the Hearing Officer concluded that there had been no genuine use of the trade mark during the relevant period and that the mark should be removed from the Register. The Hearing Officer commented that even if the paddles referred to above had been sold within the relevant period such use would have been considered "de minimis".