Trade mark decision

BL Number: O/379/04
Decision date: 30 December 2004
Hearing Officer: Mr M Reynolds
Mark: ELLE
Classes: 24
Registered Proprietor: Hachette Filipacchi Presse
Applicants for revocation: Saprotex International (Proprietary) Limited
Application for Revocation: Section 46(1)(b)

Result

Application for revocation largely successful: registration reduced to 'beach towels'.

Points Of Interest

1. Use; genuine use; internal use; preparations for use.

Summary

This was one of five revocation actions launched on the same day and involving the same parties. The decisions in relation to the others are set out in BL O/380/04 and BL O/381/04.

The registrations in this case covered: "Bedcovers, tablecovers, household linen (other than clothing), bed blankets and beach towels." After a detailed examination of the evidence the Hearing Officer was not satisfied that the proprietor had shown use of the mark in relation to any of the goods, other than beach towels. Nor did the evidence demonstrate that preparations for use were under way by the end of the relevant period. Per 'Premier Brands UK Ltd v Typhon Europe Ltd’ the tribunal had no residual discretion to preserve the registration. Accordingly, the registration was revoked in respect of all the goods for which it was registered, save ‘beach towels'.

Full decision O/379/04 50Kb