Trade mark decision

BL Number

O/117/04

Decision date

28 April 2004

Hearing Officer

Mr J MacGillivray

Mark

BIG BLUE

Classes

09

Registered Proprietor

Big Blue Products Inc

Applicants for Revocation

Big Blue Box Studios Limited

Application for Revocation

Section 46(1)(a)

Result

Application for revocation successful.

Points Of Interest

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

Summary

This was one of two closely related actions; the decision in respect of the other is set out in BL O/118/04.

In addition to their allegations of non-use, the applicant claimed that such use as there had been related only to services in Class 35.

The Hearing Officer considered first whether the use shown had been use of the mark as registered. In the result he decided that the omission of the device element, letter B back to back, meant that the mark used was not the registered mark. This decided the matter but he went on to consider the applicant’s allegation that the registered proprietor’s activities fell solely within Class 35.

Having reviewed the evidence, however, the Hearing Officer concluded that such use as there had been was not use in relation to the goods specified. The application therefore succeeded on this ground also.

Full decision O/117/04 48Kb