Trade mark decision

BL Number
O/145/01
Decision date
21 March 2001
Hearing Officer
Dr W J Trott
Mark
ANASTASE
Classes
25
Registered Proprietor
Boston Market
Applicants for Revocation
Twentieth Century Fox Film Corporation
Revocation
Section 46

Result

Application for revocation successful.

Points Of Interest

  • 1. Proprietor's control on 'use with his consent'.
  • 2. 'Genuine' use
  • 3. Assignment.

Summary

The proprietor's claim to have used the mark depended on certain 'verbal agreements' whereby others had been permitted to use the mark; this was claimed to be use with the proprietor’s consent. The Hearing Officer however found that the arrangements were so loose and control so entirely absent that the use could not be characterised as use with consent. Effectively, the mark was abandoned and he found that the application should succeed. However, he went on to consider the evidence of use such as it was and concluded that this was not 'genuine' use.

Full decision O/145/01 PDF document33Kb