Trade mark decision

BL Number

O/399/99

Decision date

12 November 1999

Hearing Officer

Mr M Reynolds

Mark

GERBER

Classes

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

Result

Section 26: Application for rectification successful

Section 32: No formal finding

Points Of Interest

• None.

Summary

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 58Kb