Trade mark decision

BL Number
O/446/00
Decision date
29 November 2000
Hearing Officer
Mr S P Rowan
Mark
PLANTEX
Classes
29, 30
Applicant for Revocation
Dr Scholvien GmbH & Co
Registered Proprietor
DSM N.V.
Revocation
Section 46(1)(a) and 1(b)

Result

Section 46(1)(a) - Revocation successful

Section 46(1)(b) - Revocation successful

Points Of Interest

  • None

Summary

The registered proprietor’s evidence established that their mark had been used in the UK in respect of "Protein savoury food ingredients, based on yeast extracts, giving specific flavours". Such goods are used in dry soups, sauces, canned soups, seasoning and cooked meals. The above registrations covered "soups, soup preparations, salad dressings, sauces, aromatic preparations farinaceous products and vermicelli". While the Hearing Officer accepted that there had been use of the mark in the UK during the relevant period, he concluded the goods on which the mark had been used were not included within the specifications of the registered mark and decided that the registration should be revoked in its entirety. In so deciding he concluded that "a flavouring" was different from an "aromatic product".

Full decision O/446/00 PDF document24Kb