Trade mark decision

BL Number
O/311/03
Decision date
16 October 2003
Hearing Officer
Mr J MacGillivray
Mark
PROVUE
Classes
09
Registered Proprietor
Imperial Chemical Industries Plc ( Intervenors ABB Ltd)
Applicants for Revocation
Siemens Nixdorf Informationssysteme AG
Application for Revocation
Sections 46(1)(a) or Section 46(1)(b)

Result

Application for revocation successful.

Points Of Interest

  • 1. Additional letters (DB) altered the distinctive character of the mark as registered.

Summary

The Hearing Officer noted that the background to the present ownership of the mark was a little complex but he did not believe that this affected the overall position in relation to the proceedings before him.

The evidence of use filed under Rule 31(2) did not show use of the mark as registered but use of a mark PROVUE DB. The Hearing Officer considered that the additional letters DB had a significant visual, aural and conceptual impact. He therefore concluded that the mark had been used in a form which altered the distinctive character of the mark and the application for revocation on the grounds of non-use succeeded accordingly.

Full decision O/311/03 PDF document26Kb