Trade mark decision

BL Number
Decision date
19 March 2002
Hearing Officer
Mr S P Rowan
Registered Proprietor
Michael Lefort trading as M L Associates
Applicant for Revocation
Formula One Licensing BV
Section 46(1)(a)


Section 46(1)(a) - Revocation successful.

Points Of Interest

  • 1. At the Hearing the registered proprietor stated that his mark had been used on a range of goods within Class 3. However, the Hearing Officer made clear that he could only take into account goods referred to in the evidence filed by the registered proprietor.


The registered proprietor filed two witness statements in which he claimed there had been use of the mark FORMULA 1 by an associated company Pizaz Toiletries Limited of whom he is Managing Director, and he filed a few invoices relating to sales which took place in 1996 - which was during the relevant five year period.

The Hearing Officer examined carefully the registered proprietor’s claimed use and noted that there was no use whatsoever of mark No 2 above and, as no reason for non-use had been provided, it followed that the applicant was successful in its application to revoke this mark.

As regards mark No 1 above, such use as was shown was in the form, for example, PIZAZ FORMULA 1 BODY SPRAY BROOKLANDS and there was in fact no use whatsoever of the mark FORMULA ONE. Use of the term FORMULA 1 with other trade marks was not sufficient to defend the registration since the other matter altered the distinctive character of the mark FORMULA ONE. This mark was also revoked.

Full decision O/124/02 PDF document37Kb