Trade mark decision

BL Number
O/254/00
Decision date
24 July 2000
Hearing Officer
Mr M Reynolds
Mark
PAGODA
Classes
32
Applicant for Revocation
G.F.A Des Domaines Prats
Opponent
Zhejiang Cereals, Oils & Foodstuffs Import & Export Co Ltd
Revocation
Section 46(1)(b)

Result

Section 46(1)(b) - Revocation successful

Points Of Interest

  • Use of the mark on similar goods does not protect a registration under the 1994 Act. This is a change as compared to the 1938 Act.

Summary

The registered proprietors have three registrations for their PAGODA BRAND and device mark in Class 33 in respect of "Rice wine, alcoholic beverages and wines". Their claimed evidence of use was in respect of alcoholic drinks, de-alcoholised drinks and in particular rice wine and liqueurs. However, the evidence filed only substantiated use in respect of rice wine and liqueurs and no use whatsoever of goods which fall in Class 32 - the Class of the registered mark. Revocation allowed.

The Hearing officer noted that the marks registered in Class 33, and the mark as used, were different as compared to the PAGODA mark as registered.

Full decision O/254/00 PDF document16Kb