Trade mark decision

BL Number
Decision date
25 November 2002
Hearing Officer
Mr J MacGillivray
Registered Proprietor
Felix Tena Comadran
Applicants for Revocation
Geoffrey Inc
Section 46(1)(a) or (b)


Application for Revocation, Section 46(1) failed.

Points Of Interest

  • 1. Use soley for export purposes.
  • 2. Use; private or internal use.


The mark was registered in respect of "Games and playthings; all included in Class 28". The use shown by the registered proprietor involved manufacture in the UK for despatch to the registered proprietor in Spain; this, it was claimed, was use as defined in Section 46(2). The applicants disputed this, contending it was not 'export' and was not genuine use, merely "internal" or 'private' use.

Reviewing the evidence in the light of the relevant authorities, however, the Hearing Officer found that the use shown was 'export' use and could also be counted as 'genuine' use.

He also declined to reduce the scope of the specification under Section 46(5).

Full decision O/479/02 PDF document29Kb