Trade mark decision

BL Number
O/113/05
Decision date
25 April 2005
Hearing Officer
Mr G Salthouse
Mark
IDEAL HOME
Classes
16
Applicant for Revocation
Ideal Home Limited
Registered Proprietor
IPC Media Limited
Revocation
Sections 46(1)(a) & (b) & Section 46(5)

Result

Section 46(1)(a) & (b): - Revocation request refused.

Section 46(5): - Request to restrict specification refused.

Points Of Interest

Summary

The mark in suit was registered as of 8 April 1988 in Class 16 in respect of "Printed publications and periodicals". The applicant for revocation filed its application on 18 December 2005 claiming non-use of the mark or in the alternative that the mark had only been used in relation to magazines relating to interior decoration for homes. Thus the registration should be restricted to such goods.

The proprietor filed details of extensive use of the mark IDEAL HOME and claimed that it was a market leader in its sector. Evidence was also filed to show that these magazines covered a range of topics such as cooking, gardening, travel, products for the home and other matters. Additionally, the mark was widely used on publicity material, in advertising and in merchandising; and also on books which deal with entertaining with an emphasis on cooking and kitchen planning.

The Hearing Officer had no difficulty in deciding that there had been genuine use of the mark in suit during the relevant five year periods quoted by the applicant. He also considered that in view of the widespread use of the mark and the range of topics covered that it would not be appropriate to restrict the specification as requested by the applicant. Application for revocation refused.

Full decision O/113/05 PDF document29Kb