Trade mark decision

BL Number
Decision date
15 August 2001
Hearing Officer
Mr M Knight
09, 16, 35
Registered Proprietor
Primark Stores Limited
Applicants for Revocation
Primark Corporation
Application for Revocation
Section 46(1)(a)


Section 46: - Application for revocation successful.

Points Of Interest

  • The onus on the proprietor to show evidence of use is not confined to the detail in the pleadings.


The Hearing Officer considered that the evidence provided by the registered proprietor had not shown use of the mark, as required by Section 100. Also, he declined to suspend his decision pending the outcome of the European Court of Justice’s consideration of the matter of residual discretion under Section 46, since no basis for discretion in this case had been put to him and no use of the mark had been shown.

Full decision O/357/01 PDF document35Kb