Trade mark decision

BL Number
Decision date
7 December 2005
Hearing Officer
Mr D Landau
01, 02, 03, 05, 28, 29, 30, 31, 32
Registered Proprietor
Consac Industries Inc
Applicant for Revocation
IPC Media Limited
Section 46(1)(a) & (b) & Section 46(6)(b)


Section 46(1)(a): - Not successful.

Section 46(1)(b): - Application partially successful.

Points Of Interest

  • 1. Dispute about the basis of the application under Section 46(1)(a) since no specific date had been given. However, argument dismissed by the Hearing Officer.
  • 2. The applicant also conceded use by the proprietor in respect of medicinal herbal teas in Class 5 but the Hearing Officer decided that these goods were not within the original specification and therefore could not be included in the restricted Class 5 specification.


The mark in suit was registered on 23 October 1922 so the request under Section 46(1)(a) related to a five year period following registration (not specified). The Hearing Officer decided that this claim to non-use during this period should not succeed since it would have been virtually impossible for the current proprietor to file evidence of use relating to this period.

As regards the five year period prior to the date of filing of the application, the registered proprietor claimed use of its mark across a range of goods in virtually all the Classes covered by the registration. However, all the evidence filed related essentially to vitamins, minerals and dietary supplements and despite submissions from the proprietor that such goods could be described as foodstuffs, the Hearing Officer decided that the registration should be cancelled in respect of all goods other than vitamins, minerals and dietary supplements in Class 5 and essential oils for foods in Class 3 (which had been conceded by the applicant for revocation).

Under Section 46(6)(b) the Hearing Officer decided that the date of revocation should be 11 September 2003, the date of the filing of the application for revocation.

Full decision O/320/05 PDF document82Kb