Trade mark decision

BL Number

O/118/04

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.
• 2. Use; on or in relation to goods/services specified.

Summary

This was one of two closely related actions, in which the same allegations respecting use of the mark were made. The decision in relation to the other is set out in BL O/117/04).

The mark actually used had been BIG BLUE PRODUCTS INC. This, the Hearing Officer decided, had constituted use of the registered mark.

The Hearing Officer went on to consider if the use had been in relation to the goods specified. It had not, he found; the marks had been used in respect of services in Class 35 but this had been neither on nor in relation to the goods specified.

Full decision O/118/04 33Kb