Trade mark decision

BL Number
O/389/02
Decision date
26 September 2002
Hearing Officer
Mr D Landau
Mark
ENSURE
Classes
05
Registered Proprietor
Abbott Laboratories
Applicants for Revocation
DCS Europe Plc
Application for Revocation
Section 46(1)(b)

Result

Section 46(1)(d) - Application for partial revocation successful

Points Of Interest

  • 1. Use of mark in a form other than as registered.
  • 2. 'Use' includes 'oral' use.
  • 3. 'Natural meaning' of words in specifications.
  • 4. Disclaimers in non-use cases not on a par with disclaimers in Section 5 cases.

Summary

The applicants sought partial revocation on the grounds of non-use. This was one of two closely related actions. Apart from those necessary to deal with the slight difference in the marks at issue the evidence submissions and findings were the same as in BL O/388/02 q.v.

Full decision O/389/02 PDF document76Kb