Trade mark decision

BL Number

O/427/22

Decision date

17 May 2022

Hearing Officer

Mr A James

Mark

Simply Coffee stimulate your senses

Classes

11, 30, 43

Grounds

• Section 3(6) Bad Faith - No intention to use
• Section 3(6) Bad Faith - Breach of agreement between the parties
• Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Treatment of descriptive / allusive elements
• Section 5(4) Earlier Rights - Copyright
• Revocation / Proof of Use - Dates - genuine use
• Revocation / Proof of Use - Variant forms of marks - use with matter added or subtracted
• Revocation / Proof of Use - Use with Registered Proprietor’s (RP) consent - use by licensee
• Revocation / Proof of Use - Partial revocation - arriving at a fair description of goods / services

Full decision O/427/22 519Kb