Trade mark decision

BL Number

O/367/99

Decision date

18 October 1999

Hearing Officer

Mr M Foley

Mark

STROBEL & DEVICE

Classes

25

Registered Proprietor

Interfair PTY Limited

Applicant for Revocation

CF Weiss GmbH & Co. KG

Revocation

Section 46(1)

Result

Section 46(1) - Revocation allowed. No use of mark as registered.

Points Of Interest

• Use of a substantially different mark from that registered is unlikely to protect a registered mark.

Summary

The registered proprietors only use of their mark was in the form STROBEL in plain block capitals and modest in extent. The Hearing Officer concluded that this mark was different from the mark as registered and that there was in fact no evidence of use of the mark as registered.

Revocation allowed.

Full decision O/367/99 37Kb