Trade mark decision

BL Number

O/362/07

Decision date

13 December 2007

Hearing Officer

Mr O Morris

Mark

THE DRINK The Drink Series of 2

Classes

35

Applicant for Revocation

Botanic Inns Limited

Registered Proprietor

Harpers Leisure International Ltd

Revocation

Section 46(1)(a) & (b)

Result

Section 46(1)(a) & (b): Revocation partially successful.

Points Of Interest

• None

Summary

The application for revocation refers to two five year periods namely 2 October 1999 to 1 October 2004 under Section 46(1)(a) and 15 February 2001 to 14 February 2006 under Section 46(1)(b).

The registered proprietor provided evidence of use of its mark with turnover figures of some £1.5m - £1.7m for the years 2001-2005. There was also some supporting documentation by way of sample advertisements, flyers and invoices but this evidence was not well focused and the Hearing Officer could draw only limited support for the registration from this evidence.

While the applicant criticised the registered proprietor’s evidence there was no formal challenge nor was any request made to cross-examine the proprietor’s witness.

The registration in suit covers a range of services in Classes 35 and 42 but the Hearing Officer concluded that use of the mark in suit had only been proved satisfactorily in relation to “Bar services and provision of facilities for the consumption of alcoholic and non-alcoholic beverages in Class 42” and the registration was restricted accordingly with effect from 2 October 2004. Revocation thus partially successful.

Full decision O/362/07 58Kb