Trade mark decision

BL Number
O/240/02
Decision date
2 May 2002
Appointed Person
Mr Geoffrey Hobbs QC
Mark
FOURNEAUX DE FRANCE
Classes
07, 08, 11, 20, 21, 25
Applicant for Invalidity
The Range Cooker Co Plc
Registered Proprietor
The Fourneaux De France Limited
Invalidity
Sections 47(1) & (5) based on Sections 1(1), 3(1)(a), (b) & (c)

Result

Appeal allowed - Additional goods to be excluded from Class 11 registration.

Points Of Interest

  • 1. This was an appeal from the Hearing Officer’s decision dated 2 November 2001 (BL O/484/01).

Summary

This was an appeal from the Hearing Officer's decision dated 2 November 2001 (BL O/484/01) in which he allowed an application for invalidity in respect of certain goods in Class 11. The applicants appeal claimed that the Hearing Officer had accepted the descriptive nature of the registered proprietors mark and in addition to the goods, excluded from the Class 11 registration, electrical apparatus for cooking foods etc; associated goods such as cooker hoods and extractors should also have been deleted from the registration.

The Appointed Person considered the translation of the registered mark and considered it best incorporated in the English expression as “cookers from France”. This is a very descriptive term and the Appointed Person accepted that as cooker hoods and extractors are closely connected with cookers, it would be unrealistic to treat the words FOURNEAUX DE FRANCE as descriptive in relation to cookers etc but not in relation to cooker hoods and extractors. The Appointed Person thus allowed the appeal and directed that cooker hoods and extractors should also be deleted from the Class 11 registration.

Full decision O/240/02 PDF document18Kb