Trade mark decision
- BL Number
- O/527/02
- Decision date
- 23 December 2002
- Hearing Officer
- Mr G Salthouse
- Mark
- VISITOR
- Classes
- 09
- Registered Proprietor
- Vectorview Limited
- Applicants for Revocation
- Starcase (UK) limited
- Application for Revocation
- Section 46(1)(c)
Result
Application for revocation, Section 46(1)(c) - Failed
Points Of Interest
- An example of an attack under Section 46(1)(c).
Summary
The applicants alleged that "in consequence of acts or inactivity of the proprietor, (the mark) had become the common name in the trade for the products for which it is registered". The items in respect of which the mark was used were plug adaptors for use when in other countries. These were commonly referred to as 'Visitor' plugs, it was said. The Hearing Officer found that the evidence was ambiguous and left him in some doubt. Given that the onus under Section 72 was on the applicants to show that the mark had become the common name for a type of plug adaptor, and they had failed to do so, the application for revocation failed.
Full decision O/527/02 18Kb