Trade mark decision

BL Number: O/380/04
Decision date: 30 December 2004
Hearing Officer: Mr M Reynolds
Mark: ELLE
Classes: 26
Registered Proprietor: Hachette Filipacchi Presse
Applicants for revocation: Saprotex International (Proprietary) Limited
Application for Revocation: Section 46(1)(b)

Result

Application for revocation successful.

Points Of Interest

1. See BL O/379/04

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/379/04 and BL O/381/04.

The registration in this case covered "lace and embroidery; ribbons and braid; artificial flowers; all included in Class 26".

The Hearing Officer was not satisfied that the evidence filed by the registered proprietor showed use of the mark on the goods specified in the registration. The application for revocation succeeded accordingly. As in the case of BL O/379/04, the tribunal had no discretion to preserve the registration.

Full decision O/380/04 39Kb