Trade mark decision

BL Number
O/212/01
Decision date
30 April 2001
Hearing Officer
Mr G Salthouse
Mark
ROY OF THE ROVERS
Classes
09, 16
Applicant
Egmont Fonden
Opponent
D Jacobson & Sons Ltd
Opposition
Section 46(1)(b)

Result

Section 46(1)(b): - Application succeeded.

Points Of Interest

  • None

Summary

The applicant contended that the mark in suit had not been used in the UK during the five year period ending 3 months before the date of filing of the application for revocation. At the hearing, the registered proprietor sought only to defend some of the specified goods (namely "protective clothing" in Class 9 and "Books, magazines, stationery and printed matter" in Class 16.

That defence relied on evidence of use, rather than proper reasons for non-use. In relation to protective clothing, the registered proprietors adduced evidence of sponsored use on football shirts, notably in a cartoon strip, but the Hearing Officer did not accept that as use on football shirts, and in any event he was not persuaded that football shirts constituted "protective clothing".

Moreover, evidence in relation to use in respect of the residual Class 16 goods (including "Father’s Day" Cards, an "autobiography" of the character named in the mark in suit, and certain magazines featuring the mark in cartoon strips) lacked the cogency needed to meet the onus of proof placed on the proprietor by Section 100. The application was therefore allowed, with (scale) costs.

Full decision O/212/01 PDF document21Kb