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United Kingdom Intellectual Property Office Decisions
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GERBER (Trade Mark: Rectification) [1999] UKIntelP o39999 (12 November 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o39999.html
Cite as:
[1999] UKIntelP o39999
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GERBER (Trade Mark: Rectification) [1999] UKIntelP o39999 (12 November 1999)
For the whole decision click here: o39999
Trade mark decision
- BL Number
- O/399/99
- Decision date
- 12 November 1999
- Hearing officer
- Mr M Reynolds
- Mark
- GERBER
- Classes
- 29, 30, 32
- Registered Proprietor
- Gerberkase AG & Gerber Products Company
- Applicants for Rectification
- Gerber Foods International Ltd
- Consolidated application for Rectification: Trade Marks Act 1938, Section: 26 & 32
Result
Section 26: Application for rectification successful
Section 32: No formal finding
Points Of Interest
Summary
The applicants alleged non-use of the mark and deceptiveness. The Hearing Officer found, by reason of their own attempts to register the mark, that the applicants were “persons aggrieved”. He went on to examine the evidence relating to non-use of the mark. This, he decided, amounted to a prima facie case in support of the application. As the registered proprietor had not responded, that effectively decided the matter in favour of the applicants. He made no finding under Section 32.