Trade mark decision

BL Number
O/331/01
Decision date
1 August 2001
Hearing Officer
Mr M Knight
Mark
HERMES
Classes
35
Registered Proprietor
Hermes International
Applicants for Revocation
Hermes Administrative Services Ltd
Application for Revocation
Section 46

Result

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

Registration revoked in full.

Points Of Interest

  • "Genuine" use : intra-company trade:
  • "This does not mean that such intra company activities could not be regarded as genuine use - but in such circumstances (it is) incumbent upon a party to show precisely what services were provided".

Summary

The mark was registered in respect of "business consultancy and management; marketing research and studies; all included in Class 35". The applicants for revocation contended that the intra company trade in which the mark had been used was not genuine use and was not use in relation to the services for which the mark had been registered. The Hearing Officer did not rule that intra company activity could not be ‘genuine’ use, but he considered that in such cases the supporting evidence needed to be more precise and detailed; such evidence had not been filed in this case and he found that there had not been use of the mark in the period specified; he went on to rule that such use as there had been was not in relation to any of the services specified.

Full decision O/331/01 PDF document31Kb