Trade mark decision

BL Number
Decision date
7 December 2006
Hearing Officer
Mr M Foley
Applicant for Revocation
BIBA + Pariscop Daud GmbH
Registered Proprietor
Hachel International Foundation
Section 46(1)(a) & (b)


Section 46(1)(a) & (b): Application partially successful. Specification restricted to certain goods.

Points Of Interest

  • See also cases BL O/344/06, BL O/346/06 to BL O/351/06.


The specification of the mark in suit covers a wide range of goods in Class 18 including leather goods, bags, luggage, wallets etc.

The mark in suit dates back to the 1960’s and was first coined by a Ms Barbara Hulanicki. The mark was acquired by the registered proprietor in 1975 and use after than date appears to have been intermittent. The application for revocation was filed on 20 January 2005 so the relevant five year period for showing use covers the period 21 January 2000 to 20 January 2005.

The registered proprietor filed evidence of use of the mark in suit but the use shown was not clear cut and the evidence was not well focused. However, the Hearing Officer accepted that there had been use of a mark incorporating the word BIBA (the word BIBA used with an art deco swirl device) in respect of bags and handbags. Taking account of the use of the mark BIBA & device and how it was referred to in newspaper advertisements and articles, the Hearing Officer accepted that the use shown was sufficient to protect the registration of BIBA in respect of bags and handbags. The Hearing Officer ordered that the specification of the mark in suit be restricted accordingly.

Full decision O/352/06 PDF document92Kb