Trade mark decision

BL Number: O/291/05
Decision date: 27 October 2005
Hearing Officer: Mr M Reynolds
Mark: BARONI’S
Registered Proprietor: Davide Baroni
Applicant for Revocation: Lidl Stiftung & Co KG
Applications for Revocation: Section 46(1)(a)

Result

Application for revocation, Section 46(1), largely successful

Points Of Interest

Olive oil and other edible oils are commercially distinctive products.

Summary

The mark was registered in respect of "edible oils; olive oil, preserved, dried and cooked fruits and vegetables; jellies, jams and fruit sauces; meat extracts."

The evidence of use filed by the proprietor related solely to olive oil. The Hearing Officer concluded that the proprietor had a valid defence in respect of olive oil. There had been no use in respect of the other non-oil products in the specification. The only question, therefore, was whether "edible oils" should be allowed to remain in the specification. The Hearing Officer concluded that it should not; the manufacture, distribution and use of olive oils and other edible oils made them “commercially distinct items” and the proprietor’s own specification made this distinction.

The registration was therefore revoked in respect of all products other than olive oil

Full decision O/291/05 28Kb