Trade mark decision

BL Number
Decision date
2 August 2006
Hearing Officer
Mrs A Corbett
Applicant for Revocation
Brooks Sports Inc
Registered Proprietor
Addiction Limited
Section 46(1)(a) & (b)


Section 46(1)(a) & (b): Partial revocation allowed.

Points Of Interest

  • None


The mark in suit was registered with effect from 21 March 1988. The application for revocation on the grounds of non-use was filed on 21 December 2004 and referred to the periods 19 February 1990 to 19 February 1995; 10 July 1998 and 10 July 2003 and 21 December 1999 and 21 December 2004.

The registered proprietor filed evidence of use during the respective periods and the Hearing Officer accepted that the use shown was genuine use in respect of “Underwear, sleeping garments, pyjamas, knitted articles of clothing and articles of clothing made from knitted materials; tee-shirts, socks, ties, shorts, briefs; all included in Class 25” and the registered proprietor’s specification was restricted to those goods. Other items such as robes, shirts, swimwear and articles of sports clothing were deleted from the specification as registered.

Full decision O/218/06 PDF document41Kb