Trade mark decision

BL Number
Decision date
12 November 1999
Hearing Officer
Mr M Reynolds
29, 30, 32
Registered Proprietor
Gerberkase AG & Gerber Products Company
Applicants for Rectification
Gerber Foods International Ltd
Consolidated application for Rectification: Trade Marks Act 1938, Section: 26 & 32


Section 26: Application for rectification successful

Section 32: No formal finding

Points Of Interest

  • None.


The applicants alleged non-use of the mark and deceptiveness. The Hearing Officer found, by reason of their own attempts to register the mark, that the applicants were “persons aggrieved”. He went on to examine the evidence relating to non-use of the mark. This, he decided, amounted to a prima facie case in support of the application. As the registered proprietor had not responded, that effectively decided the matter in favour of the applicants. He made no finding under Section 32.

Full decision O/399/99 PDF document58Kb