Trade mark decision

BL Number
O/301/05
Decision date
11 November 2005
Hearing Officer
Mr D Landau
Mark
DUAL
Classes
09
Registered Proprietor
Karstadt Quelle Aktiengesellschaft
Applicants for Revocation
Craig Jameson Baillie, Stephen Lambert and DualGlo Limited
Application for Revocation
Section 46(1)(a)

Result

Registration revoked in respect of one item only in the specification.

Points Of Interest

  • 1. Use of mark as registered.
  • 2. Use on items which reflected developments occurring since registration.

Summary

The mark was registered in respect of "record players, tape recorders, sound amplifiers, radio receiving apparatus, loudspeakers and fitted cabinets containing loudspeakers, and tuners for use with all the aforesaid goods, but not including metal framed fitted cabinets for loudspeakers".

There was considerable evidence of use of the mark DUAL. This had been used in two different formats on a range of goods. Essentially, the matter came down to two main issues:-had the mark been used in a form which did not alter the distinctive character of the mark as registered; was the use of the mark on combination units or multifunctional units used on the discrete items specified in the registration?

The Hearing Officer eventually concluded that the use of the mark on the items other than record players was use in the form as registered. The use on multifunctional units reflected developments in the trade occurring since registration and in this case should not result in revocation. The registration was therefore revoked only in respect of 'record players'. As the registered proprietor had been for the most part successful costs were awarded to them.

Full decision O/301/05 PDF document71Kb