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United Kingdom Intellectual Property Office Decisions
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ZAMOYSKI (Trade Mark: Revocation) [1998] UKIntelP o25698 (4 December 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o25698.html
Cite as:
[1998] UKIntelP o25698
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ZAMOYSKI (Trade Mark: Revocation) [1998] UKIntelP o25698 (4 December 1998)
For the whole decision click here: o25698
Trade mark decision
- BL Number
- O/256/98
- Decision date
- 4 December 1998
- Hearing officer
- Mr P Lawrence
- Mark
- ZAMOYSKI
- Classes
- 33
- Applicant for Revocation
- Christopher Witkowski
- Registered Proprietor
- Hedges & Butler Limited
- Revocation
- Section 46
Result
Section 46 - Revocation partially successful.
Points Of Interest
Summary
The registered proprietors claimed to have used their mark through an associated company, but only in relation to the sale of vodka in Scotland. The applicant queried whether such use, which was not de minimis, undermined its validity as a UK registration but the Hearing Officer decided that it did not since that is no requirement that a mark be used throughout the UK. However, he went on to revoke the registration in relation to all goods other than vodka.