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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MILLET (Trade Mark: Revocation) [1999] UKIntelP o13499 (19 May 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o13499.html
Cite as: [1999] UKIntelP o13499
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MILLET (Trade Mark: Revocation) [1999] UKIntelP o13499 (19 May 1999)
For the whole decision click here: o13499
Trade mark decision
- BL Number
- O/134/99
- Decision date
- 19 May 1999
- Hearing officer
- Mr M Reynolds
- Mark
- MILLET
- Classes
- 18, 25
- Registered Proprietor
- Millet SA
- Applicants for Revocation
- Millets Leisure Limited
- Application for Revocation
- Section 46
Result
Application for revocation Section 46 failed
Application for revocation Section 46 failed
Points Of Interest
- Section 46(2) "the test is not whether the single most distinctive element is present but whether the distinctive character of the mark in the form registered has been altered".
Summary
[The applicants had initially included in the attack a request for invalidation under Section 47; this, however was not pursued]. As a preliminary point the Hearing Officer notes that although the registered proprietors had not indicated in their counterstatement an intention to rely on the provisions of Section 46(2), in his view 46(2) was "in the nature of a defining provision that determines what can constitute use of a trade mark. As such it can be said to operate automatically without the need for a registered proprietor to expressly plead reliance on the provision". Examining the evidence of use, in various formats, the Hearing Officer concluded that the proprietor had used their mark within the meaning of Section 46(2). The registration was therefore preserved.