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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CABANAS HABANA (Trade Mark: Revocation) [1999] UKIntelP o08599 (17 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o08599.html
Cite as: [1999] UKIntelP o08599, [1999] UKIntelP o8599
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CABANAS HABANA (Trade Mark: Revocation) [1999] UKIntelP o08599 (17 March 1999)
For the whole decision click here: o08599
Trade mark decision
- BL Number
- O/085/99
- Decision date
- 17 March 1999
- Hearing officer
- Mr M Foley
- Mark
- CABANAS HABANA
- Classes
- 34
- Registered Proprietor
- Consolidated Cigar Corporation
- Applicants for Revocation
- Corporation Habanos SA
- Application for Revocation
- Section 46(1)(b)
Result
Application for revocation successful
Application for revocation successful
Points Of Interest
- 1. Proper reasons for non use - trade embargo might provide proper reasons, but the particular circumstances had to be assessed.
- 2. Consideration of mark under Section 46(2).
Summary
The registered proprietor conceded that there had been no use of the mark during the relevant period but claimed that there were proper reasons for non-use, and there had been use of a mark falling within the provisions of Section 46(2). The Hearing Officer ruled the mark used did not fall within that Section, and went on to consider the reasons for non-use. These were found in the USA’s trade sanctions against Cuba. The Hearing concluded that whilst these could constitute proper reasons the registered proprietor had not shown any effort to overcome them in the 33 years of their existence.