Trade mark decision

BL Number: O/206/03
Decision date: 17 July 2003
Hearing Officer: Mr M Reynolds
Mark: GEROVITAL H3 PROF DR. A. ASLAN
Classes: 03
Applicant for Revocation: Societatea Comerciala “Farmec” SA
Registered Proprietor: S C Gerovital Cosmetics SA
Revocation: Section 46(1)(b)

Result

Section 46(1)(b): - Revocation action successful.

Points Of Interest

None

Summary

The registered proprietors responded to the application by filing evidence of use. This consisted of three invoices from the registered proprietors in Romania addressed to Graincharm Ltd t/a Prince Pharmacy at an address in London. The invoices bore the information “Cosmetic products “Gerovital H2 Prof Dr A Aslan” but this information was not in close association with the goods. The sums involved were US $789 $539 and $522.

The registered proprietors evidence was criticised by the applicants in that there was no confirmation that the invoices had been paid; that the goods bore the mark in suit or that the goods had been sold in the UK. The Hearing Officer considered these criticisms well founded and concluded that the information and evidence provided was totally insufficient to show that the registered proprietors were engaged in regular trade in the sense that a market was being created or preserved in relation to the mark in suit. The application for revocation therefore succeeded.

Full decision O/206/03 26Kb