Trade mark decision

BL Number
Decision date
30 April 2002
Hearing Officer
Mr M Reynolds
Applicant for Revocation
Finning (UK) Ltd
Registered Proprietor
United Parts FHS Automobil Systeme GmbH
Section 46(1)(a) & (b)


Section 46(1)(a) & (b) - Revocation successful

Points Of Interest

  • None.


The registered proprietor filed evidence of use of its mark. Use was claimed from 1980 onwards in relation to “a rigid plastic gearshift housing” which forms part of an assembled gearshift mechanism which is installed in Vauxhall motor cars. It was claimed that the FHS mark appeared on the goods and that turnover equalled some £2 million per annum. However, the accompanying photographs failed to show the mark FHS on the goods and the copy invoices provided were equally inconclusive in that FHS did not appear to be used or referred to in a trade mark sense. Taking the best view he could of the matter the Hearing Officer concluded that the registered proprietor had failed to show use of its mark since completion of the registration procedure. As the registration certificate was dated 28 July 1986, the mark was revoked from 28 July 1991 - five years after registration.

Full decision O/188/02 PDF document16Kb