Trade mark decision

BL Number
Decision date
28 July 2005
Hearing Officer
Mr J MacGillivray
18, 21, 24, 25, 28
Registered Proprietor
S. Schwab Company Inc.
Applicants for Revocation
Application for Revocation
Section 46(1)(a)


Application for revocation, Section 46(1)(a), partially successful.

Points Of Interest

  • 1. Genuine use; geographical extent of use might be a factor in the overall assessment


The registered proprietor was able to demonstrate use, albeit on a limited range of goods, on a small scale, and only in Northern Ireland. However, the use was genuine decided the Hearing Officer and the use had been in the UK. (The issue was "whether the mark had been in genuine use within the jurisdiction and not the extent or geographical spread of the use, although in a wider context such issues may be factored into the overall consideration of whether there had been genuine use").

The registrations were reduced to reflect the actual use shown.

Full decision O/213/05 PDF document113Kb