Trade mark decision

BL Number: O/114/05
Decision date: 25 April 2005
Hearing Officer: Mr G Salthouse
Mark: IDEAL HOME
Classes: 09, 41
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 action successful.

Section 46(5): - Not considered.

Points Of Interest

1. The registered proprietor argued that the action had been launched before the end of the five year period from registration but the Hearing Officer determined that this was not the case.
2. See also BL O/112/05 and BL O/113/05

Summary

The mark in suit was registered as of 19 September 1997 in respect of goods in Class 9 including sound and video recordings and in respect of services in Class 41 including entertainment, education and instruction by or relating to television, radio or films.

The applicant for revocation applied to revoke the mark in suit or, in the alternative, restrict the specifications to the goods and services on which the mark had actually been used.

The registered proprietor filed evidence as follows:

A cassette tape which was attached to the December 1999 edition of the IDEAL HOME magazine and contained "Christmas Trivia Quiz". The cassette was marked "not for sale" and the Hearing Officer did not consider that this was use of the mark in suit.

A video recording of a television programme produced in association with IDEAL HOME magazine and entitled IDEAL HOME COOK. The programme was made for Cable TV and was shown on the Carlton Food Network Channel in 1997. No viewing figures were provided nor was it stated if the programme was repeated. The Hearing Officer did not consider this programme as genuine use of the mark in suit.

Documents relating to a possible expansion into selling via a web-site in conjunction with retail stores and web-site distributors. No indication that the matter progressed beyond a presentation stage. Not trade use in the view of the Hearing Officer.

Considered overall the Hearing Officer decided that there had been no genuine use of the mark in suit in relation to the goods and services in Classes 9 and 41 and there were no proper reasons for non-use. Revocation application allowed.

Full decision O/114/05 31Kb