Trade mark decision

BL Number

O/314/03

Decision date

20 October 2003

Hearing Officer

Mr D Landau

Mark

LE PIRATE

Classes

03

Applicant for Revocation

John Galliano SA

Registered Proprietor

Kiwi European Holdings BV

Revocation

Section 46(1)(a)

Result

Section 46(1)(a): - Revocation successful by way of summary judgement.

Points Of Interest

• None

Summary

In response to the application for revocation the registered proprietors stated that there had been use of a mark which did not differ in elements which affected the distinctive character of the registered mark. Details of some use of the marks PIRATE and MATEY PIRATE in relation to bath preparations were given. The Registry did not believe that the evidence filed satisfied the requirements of Rule 31(2) of the Trade Mark Rules 2000 and following correspondence a Hearing was arranged.

The Hearing Officer set down the law relating to revocations and the requirements to be satisfied. In this case he considered that use of PIRATE did not protect the registered mark LE PIRATE as he considered that the absence of LE changed the nature of the mark. The same applied to MATEY PIRATE. In addition having looked closely at the nature of the use shown the Hearing Officer was of the opinion that there had in fact been no use of PIRATE in a trade mark sense, as it appeared to be use as a description of a number of cartoon characters, rather than as an indication of origin. Mark revoked from earliest possible date being 3 January 1991.

Full decision O/314/03 191Kb