Trade mark decision

BL Number
O/347/01
Decision date
14 August 2001
Hearing Officer
Mr G Salthouse
Mark
A TO ZINC
Classes
05
Registered Proprietor
Laboratories Arkopharma S.A.
Applicants for Revocation
American Cyanamid Company
Application for Revocation
Section 46(1)(b)

Result

Section 46(1)(b): - Application for partial revocation successful.

Points Of Interest

  • "Substantiality is a factor to be considered within the overall test of genuineness and not a separate hurdle that a registered proprietor must overcome".

Summary

The evidence of use filed by the registered proprietor showed very minimal use of the "strap line" From A to Zinc, in company with the dominant feature, the mark AZINC. The Hearing Officer considered that the registered proprietor had not discharged the onus placed upon him by Section 100 and the registration was amended in the manner requested by the applicants.

Full decision O/347/01 PDF document20Kb