Trade mark decision

BL Number
O/117/08
Decision date
22 April 2008
Hearing Officer
Mr G Salthouse
Mark
VITALITE
Classes
05, 29, 32
Registered Proprietor
The Sunrider Corporation t/a Sunrider International
Applicants for Revocation
Vitasoy International Holdings Limited
Application for Revocation
Sections 46(1)(a) & (b)

Result

Application for revocation, Section 46(1), failed for the most part.

Points Of Interest

  • None

Summary

The evidence of use filed by the registered proprietor established use on most of the items specified; the remainder, including some already conceded by the proprietor, were removed from the registrations.

As the registered proprietor had been substantially successful the Hearing Officer awarded costs in its favour.

Full decision O/117/08 PDF document88Kb