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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MONTANA (Trade Mark: Revocation) [1999] UKIntelP o03499 (2 February 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o03499.html
Cite as: [1999] UKIntelP o3499, [1999] UKIntelP o03499
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MONTANA (Trade Mark: Revocation) [1999] UKIntelP o03499 (2 February 1999)
For the whole decision click here: o03499
Trade mark decision
- BL Number
- O/034/99
- Decision date
- 2 February 1999
- Hearing officer
- Mr S J Probert
- Mark
- MONTANA
- Classes
- 02
- Registered Proprietor
- Farbo SA
- Applicant for Revocation
- Brico World International Marketing Consultants
- Application for Revocation
- Section 46(1)(b)
Result
Application of revocation partially successful
Application of revocation partially successful
Points Of Interest
- 1. Locus
- 2. Substantiality of use
Summary
The proprietor’s claim to have used the mark, (which was registered in respect of paints, amongst other things) within the relevant period depended on retail sales which might have taken place following a single, small shipment which had taken place outside the relevant period. The Hearing Officer eventually concluded that the use claimed was just sufficient to preserve the registration in respect of 'paints' but he revoked it in respect of the remainder of the specification.