Trade mark decision

BL Number

O/115/04

Decision date

28 April 2004

Hearing Officer

Mr G Salthouse

Mark

FLEUROP FTD

Classes

35, 38, 39, 41, 42

Registered Proprietor

Interflora (Florists Telegraph Delivery Association) British Unit Limited

Applicants for Revocation

Fleurop-Interflora

Application for Revocation

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

Result

Applications for revocation successful.

Points Of Interest

• 1. Genuine use; use of a mark differing from mark as registered.

Summary

At the hearing the registered proprietor stated that six of the registrations would not be defended. These were FLEUROP FTD in Classes 38, 41 and 42 and FLEUROP in classes 38, 41 and 42. Also a reduction in the Class 39 specification in respect of the four remaining registrations was offered. In respect of these remaining registrations the proprietor claimed the benefit of the Section 46(3) provisions.

The proprietor's evidence of use relied upon use of metatags on its website and use of a logo on cheques, a directory and two posters. The logo comprised a winged messenger, Mercury, encircled by the words INTERFLORA.FLEUROP.FTD. The first question to be addressed was whether use of this logo constituted use of the marks in suit. Having considered the matter the Hearing Officer found that it did not. He next considered the metatags. The evidence relating to this, however, the Hearing Officer found not to be clear and unambiguous such as to discharge the onus placed on the proprietor by the terms of Section 100.

No evidence concerning proper reasons for non-use had been offered. The applications were therefore revoked with effect from the dates specified in an annex to the decision.

Full decision O/115/04 102Kb